Singapore legislation

Schedule 1

of Competition Bill

Schedule 1

Constitution and proceedings of Commission

FIRST SCHEDULESection 5(2)Constitution and proceedings of CommissionAppointment of Chairman and members1.—

(1)

The Chairman 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 shall 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 Chairman2.—

(1)

The Minister may, in his discretion, appoint any member of the Commission to be the Deputy Chairman of the Commission.(2) 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) 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.Tenure of office of members of Commission

3. A member of the Commission shall hold 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 shall be eligible for re-appointment.Temporary Chairman, Deputy Chairman or member

4. The Minister may appoint any person to be a temporary Chairman, Deputy Chairman or member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman, Deputy Chairman or any member, as the case may be.Revocation of appointment

5. The Minister may, at any time, revoke the appointment of the Chairman, Deputy Chairman or any member if he 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

6. A member may resign from his office at any time by giving not less than one month’s notice to the Minister.Chairman may delegate function

7. The Chairman may, in writing, authorise any member of the Commission to exercise any power or perform any function conferred on the Chairman under this Act.Vacation of office

8. The seat of a member shall become vacant —

(a)

on his death;

(b)

if he fails to attend 3 consecutive meetings of the Commission without sufficient cause (the sufficiency thereof to be decided by the Commission);

(c)

if he becomes in any manner disqualified from membership of the Commission;

(d)

if he resigns from his office; or

(e)

if his appointment is 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. No person shall be appointed or shall continue to hold office as a member if he —

(a)

is an undischarged bankrupt or has made any arrangement with his creditors;

(b)

has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon;

(c)

is incapacitated by physical or mental illness; or

(d)

is otherwise unable or unfit to discharge the functions of a member.Disclosure of interest by members11.—

(1)

A member who is in any way, directly or indirectly, interested in a transaction or project of the Commission shall disclose the nature of his interest at the first meeting of the Commission 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 Commission and, after the disclosure, that member —

(a)

shall not take part in any deliberation or decision of the Commission with respect to that transaction or project; and

(b)

shall be disregarded for the purpose of constituting a quorum of the Commission for such deliberation or decision.(3) For the purposes of this paragraph, a member whose spouse, parent, step-parent, son, adopted son, step-son, daughter, adopted daughter, step-daughter, brother, half-brother, step-brother, sister, half-sister or step-sister 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.Sealing of documents12.—

(1)

All deeds and other documents requiring the seal of the Commission shall 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 shall be signed by those officers.(2) Such signing shall be 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 12 of the Registration of Deeds Act (Cap. 269) shall 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 shall be paid to the members of the Commission, out of the funds of the Commission, such salaries, fees and allowances as the Minister may from time to time determine.Quorum14.—

(1)

At every meeting of the Commission, one half of the number of members shall constitute a quorum.(2) The Chairman, or in his absence the Deputy Chairman, shall preside at meetings of the Commission, 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 Commission 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.(4) Where not less than 4 members of the Commission request the Chairman by notice in writing signed by them to convene a meeting of the Commission 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.Vacancies

15. The Commission may act notwithstanding any vacancy in its membership.Procedure at meetings16.—

(1)

The Chairman or any other officer authorised by him shall, 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, 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 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.Validity of act or proceeding

17. No act or proceeding of the Commission shall be questioned on the ground —

(a)

of any vacancy in, or defect in the constitution of, the Commission;

(b)

of any defect in the appointment of any person acting as the Chairman or as a member;

(c)

of any omission, defect or irregularity in the procedure of the Commission not affecting the merits of the case; or

(d)

that any member has contravened paragraph 11.

Schedule 1 — Competition Bill | laws.sg