Constitution and Proceedings of Authority
1.—(1) The Chairman, Deputy Chairman and other members of the Authority shall be appointed by the Minister from among persons who appear to the Minister to be qualified for appointment because of his knowledge of or experience in one or more of the following fields:
real estate development;
(2) The Minister may appoint the Chief Executive and any other public officer to be a member of the Authority.
2. The Chairman, Deputy Chairman and a member of the Authority shall hold office for such period and on such terms and conditions as the Minister may determine, and shall be eligible for re-appointment.
3. 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.
4. The Minister may appoint any member of the Authority to be a temporary Chairman or temporary Deputy Chairman during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman or Deputy Chairman, as the case may be.
5. The Minister may appoint any person to be a temporary member if any member is unable to perform his duties for any period, by reason of absence from Singapore, illness or for any other reason.
6. If it appears to the Minister that the removal of the Chairman, Deputy Chairman or any member is necessary in the interest of the effective and economical performance of the functions of the Authority under this Act or any other written law, or in the public interest, the Minister may remove from office all of them or so many of them as he considers necessary in such interests.
7. A member of the Authority may resign from his appointment at any time by giving at least one month’s notice in writing to the Minister.
8. The Chairman may, in writing, authorise any member of the Authority to exercise and perform any power, function or duty conferred on the Chairman by or under this Act, as he sees fit.
9. The office of a member of the Authority shall become vacant —
if he becomes in any manner disqualified from membership of the Authority;
if he, without sufficient cause (the sufficiency thereof to be decided by the Authority), fails to attend 3 consecutive meetings of the Authority;
if he resigns from his office; or
on his death.
10. If a vacancy occurs in the membership of the Authority, the Minister may, subject to paragraphs 1 and 11, 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.
11. No person shall be appointed or shall continue to hold office as a Chairman, Deputy Chairman or 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.
12.—(1) Subject to sub-paragraph (2), if a member of the Authority 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 of the Authority by a member to the effect that he is an officer or 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 —
the general notice 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 general notice given 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 a spouse, parent, son or adopted son, or daughter or an adopted daughter, of a member shall be regarded as 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.
13. There shall be paid to the Chairman, Deputy Chairman and 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.
14.—(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) The quorum for a meeting of the Authority shall be half the number of its members.
(3) The Chairman shall preside at all meetings of the Authority at which he is present; and where the Chairman is absent, the Deputy Chairman shall preside.
(4) If neither the Chairman nor the Deputy Chairman are present at a meeting, such member as the members present may elect shall preside at that meeting.
(5) Decisions at meetings of the Authority shall be adopted by a simple majority of the votes of the members present and voting; and in the case of an equality of votes, the Chairman or, in his absence, the Deputy Chairman or (as the case may be) the member presiding shall have a casting vote.
(6) A resolution shall be taken to have been passed at a meeting of the Authority if —
without meeting, a majority of the members indicate agreement with the resolution in accordance with such method as may be determined by the Authority; and
all members were informed of the proposed resolution, or reasonable efforts had been made to inform all members of the proposed resolution.
(7) Where not less than 4 members of the Authority request the Chairman by notice in writing signed by them 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.
(8) 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 audit of accounts.
15. The performance of the functions, or the exercise of the powers, of the Authority shall not be affected only because there being any vacancy in the membership of the Authority or any defect in the appointment of any member.