Singapore legislation
Schedule 1
Schedule 1
Constitution and proceedings of Commission
FIRST SCHEDULESection 5(2)Constitution and proceedings of CommissionAppointment of Chairperson and members1.—
The Chairperson and other members of the Commission shall be appointed by the Minister.(2) The Minister may appoint the Chief Executive as a member.(3) The persons to be appointed under this paragraph must be chosen for their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment.Appointment of Deputy Chairperson2.—
The Minister may appoint any member of the Commission to be the Deputy Chairperson of the Commission.(2) The Deputy Chairperson so appointed may, subject to such direction as may be given by the Chairperson, exercise all or any of the powers exercisable by the Chairperson under this Act.(3) If for any reason the Chairperson is unable to act or the office of the Chairperson is vacant, the Deputy Chairperson may exercise all or any of the powers conferred, or discharge all or any of the duties imposed on the Chairperson, under this Act.Tenure of office of members of Commission
3. A member of the Commission holds office on such conditions and for such term of not less than 3 years and not more than 5 years as the Minister may determine, and is eligible for re‑appointment.Temporary Chairperson, Deputy Chairperson or member
4. The Minister may appoint any person to be a temporary Chairperson, Deputy Chairperson or member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, Deputy Chairperson or any member, as the case may be.Revocation of appointment
5. The Minister may, at any time, revoke the appointment of the Chairperson, Deputy Chairperson or any member if the Minister considers such revocation necessary in the interest of the effective and economical performance of the functions of the Commission under this Act or in the public interest.Resignation from office
6. A member may resign from his or her office at any time by giving not less than one month’s notice to the Minister.Chairperson may delegate function
7. The Chairperson may, in writing, authorise any member of the Commission to exercise any power or perform any function conferred on the Chairperson under this Act.Vacation of office
8. The office of a member becomes vacant if the member —
dies;
fails to attend 3 consecutive meetings of the Commission without sufficient cause (the sufficiency of which is to be decided by the Commission);
becomes in any manner disqualified from membership of the Commission;
resigns his or her office; or
has his or her appointment revoked.Filling of vacancies
9. If a vacancy occurs in the membership of the Commission, the Minister may, subject to paragraph 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
10. A person must not be appointed or continue to hold office as a member if the person —
is an undischarged bankrupt or has made any arrangement with his or her 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. [Deleted by Act 5 of 2018]Sealing of documents12.—
All deeds and other documents requiring the seal of the Commission must be sealed with the common seal of the Commission in the presence of any 2 officers of the Commission duly authorised by the Commission to act in that behalf and must be signed by those officers.(2) Such signing is sufficient evidence that the common seal of the Commission has been duly and properly affixed and that the seal is the lawful common seal of the Commission.(3) The Commission may by resolution or otherwise appoint an officer or employee of the Commission or any other agent, either generally or in a particular case, to execute or sign on behalf of the Commission any agreement or other instrument not under seal in relation to any matter coming within the powers of the Commission.(4) Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under sub‑paragraph (1).Salaries, fees and allowances payable to members of Commission
13. There are to be paid to the members of the Commission, out of the funds of the Commission, such salaries, fees and allowances as the Minister may determine.Quorum14.—
At every meeting of the Commission, one‑half of the number of members constitutes a quorum.(2) The Chairperson, or in his or her absence the Deputy Chairperson, presides at meetings of the Commission, and if both the Chairperson and Deputy Chairperson are absent from any meeting or part thereof, such member as the members present may elect presides at that meeting or part thereof.(3) A decision at a meeting of the Commission is to be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairperson or any other member presiding has a casting vote in addition to his or her original vote.(4) Where not less than 4 members of the Commission request the Chairperson by written notice signed by them to convene a meeting of the Commission for any purpose specified in the notice, the Chairperson must, within 7 days from the receipt of the notice, convene a meeting for that purpose.Vacancies
15. The Commission may act despite any vacancy in its membership.Procedure at meetings16.—
The Chairperson or any other officer authorised by the Chairperson must, subject to such standing orders as may be made by the Commission under sub‑paragraph (2), summon all meetings of the Commission for the despatch of business.(2) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Commission may make standing orders to regulate its own procedure generally and, in particular, regarding the holding of meetings, the notice to be given of the meetings, the proceedings at the meetings, the keeping of minutes, the custody, production and inspection of the minutes, and the opening, keeping, closing and auditing of accounts.Validity of act or proceeding
17. No act or proceeding of the Commission is to be questioned on the ground —
of any vacancy in, or defect in the constitution of, the Commission;
of any defect in the appointment of any person acting as the Chairperson or as a member; or
of any omission, defect or irregularity in the procedure of the Commission not affecting the merits of the case.[5/2018]