Constitution and proceedings of Council
1.—(1) The Chairman and other members of the Council shall be appointed by the Minister.
(2) The Minister may appoint the Chief Executive as a member.
2.—(1) The Minister may, in his discretion, appoint any member to be the Deputy Chairman of the Council.
(2) The Deputy Chairman so appointed may, subject to such directions as may be given by the Chairman, exercise all or any of the powers exercisable by the Chairman under this Act.
(3) If for any reason the Chairman is unable to act or the office of the Chairman is vacant, the Deputy Chairman may exercise all or any of the powers conferred, or discharge all or any of the duties imposed, on the Chairman under this Act.
3. A member shall hold office on such conditions and for such term, not exceeding 3 years, as the Minister may determine, and shall be eligible for re-appointment.
4. The Minister may appoint any person to be a temporary Chairman, Deputy Chairman or other member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman, Deputy Chairman or member (as the case may be).
5. The Minister may, at any time, revoke the appointment of the Chairman, Deputy Chairman or other member if he considers such revocation necessary in the interest of the effective and economical performance of the functions of the Council under this Act or in the public interest.
6. A member may resign from his office at any time by giving not less than one month’s notice to the Minister.
7. The Chairman may, in writing and subject to such conditions or restrictions as he thinks fit, authorise any member to exercise any power or perform any function conferred on the Chairman by or under this Act.
8. The office of a member shall become vacant —
on his death;
if he fails to attend 3 consecutive meetings of the Council without sufficient cause (the sufficiency thereof to be decided by the Council);
if he becomes in any manner disqualified from membership of the Council;
if he resigns from his office; or
if his appointment is revoked.
9. If a vacancy occurs in the membership of the Council, the Minister may, subject to paragraph 10, 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.
10. No person shall be appointed or shall continue to hold office as a member if he —
is an undischarged bankrupt or has made any arrangement with his creditors;
has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon;
is incapacitated by physical or mental illness; or
is otherwise unable or unfit to discharge the functions of a member.
11.—(1) A member who is in any way, directly or indirectly, interested in a transaction or project of the Council shall disclose the nature of his interest at the first meeting of the Council at which he is present after the relevant facts have come to his knowledge.
(2) A disclosure under sub-paragraph (1) shall be recorded in the minutes of the meeting of the Council and, after the disclosure, that member shall not take part in any deliberation or decision of the Council with respect to that transaction or project.
(3) For the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that, under sub-paragraph (2), he cannot vote or has withdrawn from the meeting.
(4) For the purposes of this paragraph, a member whose spouse, parent, step-parent, son, adopted son, step-son, daughter, adopted daughter or step-daughter has an interest in the transaction or project referred to in sub-paragraph (1) shall be deemed to be interested in such transaction or project.
12. There shall be paid to the members out of the moneys of the Council such salaries, fees and allowances as the Minister may from time to time determine.
13.—(1) At every meeting of the Council, one-third of the membership or 3 members, whichever is the higher, shall constitute a quorum.
(2) The Chairman, or in his absence the Deputy Chairman, shall preside at meetings of the Council, and if both the Chairman and Deputy Chairman are absent from any meeting or part thereof, such member as the members present may elect shall preside at that meeting or part thereof.
(3) A decision at a meeting of the Council shall be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairman or any other member presiding shall have a casting vote in addition to his original vote.
14.—(1) The Chairman or any officer authorised by him shall, subject to such standing orders as may be made by the Council under sub-paragraph (2), summon all meetings of the Council for the despatch of business.
(2) Subject to the provisions of this Act, the Council may make standing orders to regulate its own procedure 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.
15. No act or proceeding of the Council shall be questioned on the ground —
of any vacancy in, or defect in the constitution of, the Council;
of any defect in the appointment of any person acting as the Chairman or as any other member;
of any omission, defect or irregularity in the procedure of the Council not affecting the merits of the case; or
that any member has contravened paragraph 11.