Constitution and Proceedings of Authority
1. The Chairman and other members shall hold office for such period and on such terms and conditions as the Minister may determine, and shall be eligible for re-appointment.
2. Where the Minister has appointed a Deputy Chairman under section 5(3)(a), the Deputy Chairman so appointed may, subject to such direction as may be given by the Chairman, exercise all or any of the powers exercisable by the Chairman under this Act.
3. The Minister may appoint any person to be a temporary Chairman during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman.
4. The Minister may, at any time, revoke the appointment of the Chairman, Deputy Chairman (if any) or any member if he considers such revocation necessary in the interest of the effective and economical performance of the functions of the Authority under this Act or in the public interest.
5. A member may resign from his office at any time by giving not less than one month’s notice in writing to the Minister.
6. The Chairman may, in writing, authorise any member to exercise any power or perform any function conferred on the Chairman by or under this Act.
7. The office of a member shall become vacant —
on his death;
if he fails to attend 3 consecutive meetings of the Authority without sufficient cause (the sufficiency thereof to be decided by the Authority);
if he becomes in any manner disqualified from membership of the Authority;
if he is adjudicated a bankrupt;
if he resigns from his office; or
if his appointment is revoked.
8. If a vacancy occurs in the membership of the Authority, the Minister may, subject to paragraphs 1 and 9, appoint any person to fill the vacancy, and the person so appointed shall hold office for the remainder of the term for which the vacating member was appointed.
9. No person shall be appointed or shall continue to hold office as a member if he —
is incapacitated by physical or mental illness;
is an undischarged bankrupt or has made any arrangement or composition with his creditors;
is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon;
has been sentenced to imprisonment for a term of 6 months or more and has not received a free pardon; or
is otherwise unable or unfit to discharge the functions of a member.
10.—(1) Subject to sub-paragraph (2), if a member has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter which is before any meeting of the Authority, he shall at that meeting declare the nature of his interest and shall not take part in the consideration or discussion of, or vote on any question with respect to, that contract or other matter, and if the Chairman or the person presiding at that meeting so directs, he shall withdraw from the meeting during the consideration or discussion.
(2) For the purposes of sub-paragraph (1), a general notice given to the members by a member to the effect that he is an officer or a member of a specified corporation or a member of a specified firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that corporation or firm shall be deemed to be a sufficient declaration of interest in relation to any contract so made if it specifies the nature and extent of his interest in the specified corporation or firm and his interest is not different in nature or greater in extent than the nature or extent so specified in the general notice at the time any contract is so made.
(3) No notice under sub-paragraph (2) shall be of effect unless either it is given at a meeting of the Authority or the member takes reasonable steps to ensure that it is brought up and read at the next meeting of the Authority after it is given.
(4) For the purpose of this paragraph, a pecuniary interest of any spouse, parent, son or adopted son, or daughter or adopted daughter, of a member shall be presumed to be a pecuniary interest of the member.
(5) For the purpose of determining whether there is a quorum, a member shall be treated as being present notwithstanding that, under this paragraph, he cannot vote or has withdrawn from the meeting.
11. There shall be paid to the members of the Authority, out of the funds of the Authority, such salaries, fees and allowances as the Minister may from time to time determine.
12.—(1) The Authority shall meet for the despatch of business at such times and places as the Chairman may from time to time appoint.
(2) At every meeting of the Authority, one half of the number of members shall constitute a quorum.
(3) The Chairman shall preside at all meetings of the Authority, but if the Chairman is absent from a meeting —
the Deputy Chairman; or
if there is no Deputy Chairman, such member as the members present may elect,
shall preside at that meeting.
(4) Decisions at meetings of the Authority shall be adopted by a simple majority of the members present and voting and, in the case of an equality of votes, the Chairman or, in his absence, the member presiding, shall have a casting vote.
(5) Where not less than 4 members, by notice in writing signed by them, request the Chairman to convene a meeting of the Authority for any purpose specified in the notice, the Chairman shall, within 7 days from the receipt of the notice, convene a meeting for that purpose.
(6) The validity of any proceedings of the Authority shall not be affected by any vacancy amongst its members or by any defect in the appointment of any member.
(7) Subject to the provisions of this Act, the Authority may regulate its own proceedings generally and, in particular, regarding the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes, the custody, production and inspection of such minutes, and the opening, keeping, closing and auditing of accounts.