Singapore legislation

Schedule 1

of Estate Agents Bill

Schedule 1

Constitution and proceedings of Council

FIRST SCHEDULESections 8 and 71Constitution and proceedings of CouncilAppointment of President and members1.—

(1)

The President and other members of the Council shall be appointed by the Minister.(2) The Minister may appoint the Executive Director as a member of the Council.Appointment of Deputy President2.—

(1)

The Minister may, in his discretion, appoint any member of the Council to be the Deputy President of the Council.(2) The Deputy President so appointed may, subject to such directions as may be given by the President, exercise all or any of the powers exercisable by the President under this Act.(3) If for any reason the President is unable to act or the office of the President is vacant, the Deputy President may exercise all or any of the powers conferred, or discharge all or any of the duties imposed, on the President under this Act.Tenure of office of members

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.Temporary President, Deputy President or member

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

5. The Minister may, at any time, revoke the appointment of the President, Deputy President or other member; and in exercising his power under this paragraph, the Minister shall not be required to assign any reason for the revocation.Resignation

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

7. The President 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 President by or under this Act.Vacation of office

8. The office of a member shall become vacant —

(a)

on his death;

(b)

if he fails to attend, without leave of the Minister or the Council, 3 consecutive meetings of the Council;

(c)

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

(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 Council, the Minister may, subject to paragraph 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.Leave of absence

10. The Minister may grant to the President or any member such leave of absence as the Minister may think fit.Disqualification from membership

11. 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 or composition 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 members12.—

(1)

A member who is in any way, directly or indirectly, interested in a contract, transaction or project of, or any matter before 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 contract, transaction, project or matter.(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.Salaries, fees and allowances payable to members

13. 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.Quorum14.—

(1)

At every meeting of the Council, one-third of the membership or 4 members, whichever is the higher, shall constitute a quorum.(2) The President, or in his absence the Deputy President, shall preside at meetings of the Council, and if both the President and Deputy President 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 President or any other member presiding shall have a casting vote in addition to his original vote.Procedure at meetings15.—

(1)

The President 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.Transaction of business by Council outside meetings16.—

(1)

The Council may, if it thinks fit, transact any of its business by the circulation of papers among members of the Council.(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 President 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 12, 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 Council, and shall be as valid and effectual as if it had been made at a meeting of the Council 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 President and each member shall have the same voting rights as they have at any meeting of the Council.(6) The decision of the Council shall be made when the last member thereof required for the majority signs and his decision is duly delivered to the secretary appointed under paragraph 18.(7) The President may stipulate a period of time within which a decision may be made under this paragraph.(8) The Council may, if it thinks fit, deliberate on matters by the circulation of papers among all of the members of the Council.(9) For the purposes of this paragraph, papers (including disclosures and decisions) may be circulated among members or delivered to the secretary appointed under paragraph 18 by hand or facsimile or electronic transmission of the information in the papers concerned.Validity of act or proceeding

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

(a)

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

(b)

of any defect in the appointment of any person acting as the President or as any other member;

(c)

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

(d)

that any member has contravened paragraph 12 or 16(2).Secretary of Council

18. The Council may appoint an employee thereof to be the secretary of the Council, who shall be responsible, in accordance with such instructions as may be given to him by the President of the Council, for arranging the business for, and keeping the minutes of, the meetings of the Council and for conveying the decisions of the Council to the appropriate person and shall have such other functions as the President may, from time to time, direct.

Schedule 1 — Estate Agents Bill | laws.sg