Constitution and Proceedings of Authority
Terms of office of Chairman and members
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.
Revocation of appointment
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.
Chairman may delegate functions
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 —
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
, 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.
Disqualification from membership
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.
Disclosure of interest by members
(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.
Salaries, fees and allowances payable to members of Authority
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.
Meetings and proceedings of Authority
(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.
1. The financial year of the Authority shall begin on 1st April of each year and end on 31st March of the succeeding year, except that the first financial year of the Authority shall begin on 1st April 2004 and end on 31st March of the succeeding year.
2. The Authority shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the expenditure incurred by the Authority.
3. The accounts of the Authority shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General.
5. The remuneration of the auditor shall be paid out of the funds of the Authority.
Annual financial statements
6. The Authority shall, as soon as practicable after the close of the financial year, prepare and submit the financial statements in respect of that year to the auditor who shall audit and report on them.
7. The auditor shall in his report state —
whether the financial statements show fairly the financial transactions and the state of affairs of the Authority;
whether proper accounting and other records have been kept, including records of all assets of the Authority whether purchased, donated or otherwise;
whether the receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Authority during the year were in accordance with the provisions of this Act; and
such other matters arising from the audit as he considers necessary.
(1) The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Authority.
(2) The auditor shall submit such periodical and special reports to the Minister and to the Authority as may appear to him to be necessary or as the Minister or the Authority may require.
(1) The auditor or any person authorised by him is entitled at any reasonable time to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Authority.
(2) The auditor or any person authorised by him may make copies of, or take extracts from, any such accounting and other records.
(3) The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor or any duly authorised person considers necessary for the purposes of his functions under this Act.
Penalty for obstructing auditor
10. Any person who fails, without reasonable cause, to comply with any requirement of the auditor or any person authorised by him under paragraph 9
or who otherwise hinders, obstructs or delays the auditor or person authorised by him in the performance of his functions under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
Presentation of audited financial statements and auditor’s report
11. As soon as the accounts of the Authority and the financial statements have been audited in accordance with this Act, a copy of the audited financial statements signed by the Chairman, together with a copy of any report made by the auditor, shall be submitted to the Minister.
Copy of auditor’s report for Auditor-General
12. Where the Auditor-General is not appointed as the auditor, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General at the same time they are submitted to the Authority.
Presentation to Parliament
13. The Minister shall as soon as practicable cause a copy of the audited financial statements and any report made by the auditor to be presented to Parliament.