Singapore legislation

Schedule 1

of National Productivity Fund Bill

Schedule 1

Constitution and proceedings of Board

FIRST SCHEDULESection 9(2)Constitution and proceedings of BoardAppointment of Chairman and members1.—

(1)

The Chairman and other members of the Board shall be appointed by the Minister and shall hold office for such period and on such terms and conditions as the Minister may determine.(2) The members shall comprise of persons from the private sector and public sector as the Minister thinks fit.(3) The Minister may appoint any Executive Secretary as a member.Temporary Chairman or member

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

3. The Minister may, at any time, revoke the appointment of the Chairman or any member if he considers such revocation necessary in the interest of the effective and economical performance of the functions of the Board under this Act or in the public interest.Resignation

4. A member may resign from his office at any time by giving not less than one month’s notice in writing to the Minister.Vacation of office

5. The office of a member shall become vacant —

(a)

on his death;

(b)

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

(c)

if he is adjudicated a bankrupt;

(d)

if he resigns from his office; or

(e)

if his appointment is revoked.Filling of vacancies

6. If a vacancy occurs in the membership of the Board, the Minister may, subject to paragraph 7, 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

7. 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; or

(c)

is incapacitated by physical or mental illness.Disclosure of interest by members8.—

(1)

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

(a)

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

(b)

shall be disregarded for the purpose of constituting a quorum of the Board for such deliberation or decision.(3) No act or proceedings of the Board shall be questioned on the ground that a member has contravened this paragraph.(4) For the purposes of this paragraph, a member whose spouse, parent, son, adopted son, daughter or adopted 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.Salaries and fees payable to members of Board

9. There shall be paid to the members of the Board such salaries, fees and allowances as the Minister may from time to time determine.Quorum10.—

(1)

At every meeting of the Board, 3 members shall constitute a quorum and no business shall be transacted unless a quorum is present.(2) The Chairman shall preside at meetings of the Board, and if the Chairman is 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 Board 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 of the meeting shall have a casting vote in addition to his original vote.Transaction of business by Board outside meetings11.—

(1)

Subject to the approval of a simple majority of all the members of the Board, the Board may transact any of its business by the circulation of papers among members of the Board.(2) A member who is in any way, directly or indirectly, interested in the business being transacted by circulation of papers shall disclose the nature of his interest in writing to the Chairman at the first opportunity after the relevant facts have come to his knowledge, which disclosure shall be recorded and treated as having been made in accordance with paragraph 8, and that member shall not take part in the decision with respect to that transaction.(3) A decision in writing made by a simple majority of the members for the time being entitled to take part in the decision in respect thereof shall be taken to be a decision of the Board, and shall be as valid and effectual as if it had been made at a meeting of the Board duly convened and held.(4) Separate copies of a decision in writing may be distributed for signing by the members if the wording of the decision and approval is identical in each copy.(5) For the purpose of a decision under this paragraph, the Chairman and each member shall have the same voting rights as they have at any meeting of the Board.(6) The decision of the Board shall be made when the last member thereof required for the majority signs and his decision is duly delivered to an officer appointed by an Executive Secretary.(7) The Chairman may stipulate a period of time within which a decision may be made under this paragraph.(8) The Board may, if it thinks fit, deliberate on matters by the circulation of papers among all of the members of the Board.(9) For the purposes of this paragraph, papers (including disclosures and decisions) may be circulated among members or delivered to an officer appointed by an Executive Secretary by hand or facsimile or electronic transmission of the information in the papers concerned.Vacancies

12. The Board may act notwithstanding any vacancy in its membership.Procedure at meetings13.—

(1)

The Chairman or any other officer authorised by him shall, subject to such standing orders as may be made by the Board under sub-paragraph (2), summon all meetings of the Board for the despatch of business.(2) Subject to the provisions of this Act, the Board 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.