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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 07:36
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Chapter Law Content

Chapter 2 Organization
Article 6
There is a board of directors in the Center, with eleven to fifteen directors selected among the following people by the competent supervisory authority and appointed by the Premier of the Executive Yuan. The same shall apply to the discharge of the directors:
1. Representatives of relevant governmental agencies.
2. Scholars and experts in the field of research of disaster reduction.
3. Experts in operation and management of private enterprises, or the public figures who have major contributions to disaster reduction.
The number of the directors specified in Subparagraph 1 of the preceding Paragraph may not exceed one-third of the total number of directors.
The number of each gender of the directors specified in Paragraph 1 may not be less than one-third of the total number of people.
Article 7
There are three to five supervisors in the Center, selected among the following people by the competent supervisory authority and appointed by the Premier of the Executive Yuan. The same shall apply to the discharge of the supervisors:
1. Representatives of relevant governmental agencies.
2. Scholars and experts in the field of research of disaster reduction.
3. Scholars and experts in the field of law, accounting or finance.
A managing supervisor shall be elected among supervisors.
The number of each gender of the supervisors specified in Paragraph 1 may not be less than one-third of the total number of people.
Article 8
The term of office of each director or supervisor is three years, which is calculated individually and not limited by the term of appointment. The director or supervisor may be reappointed once upon the expiration of his original term of office. Notwithstanding the above, after the enforcement of this Act, each of the seven of the directors appointed at the first time shall serve a term of one and a half years, and each of the two of the supervisors appointed at the first time shall serve a term of one and a half years.
The directors and supervisors acting on behalf of governmental agencies shall be replaced if their positions are changed, and may not be bound by the restriction on the times of reappointment as specified in the preceding Paragraph. If there is a vacancy existing in the directors and supervisors appointed according to Subparagraphs 2 and 3 of Paragraph 1 of Article 6 and Subparagraphs 2 and 3 of the preceding Article before the expiration of their terms of office, the vacancy shall be filled through the election by the competent supervisory authority and the appointment by the Premier of the Executive Yuan, and the term of office of the new director or supervisor shall continue until the expiration of the term of office of the original director or supervisor.
Article 9
There is one chairman of the board of directors in the Center, nominated by the competent supervisory authority among the directors and appointed by the Premier of the Executive Yuan. The same shall apply to the discharge of the chairman of the board of directors.
The chairman of the board of directors shall be appointed according to the regulations adopted by the competent supervisory authority.
The chairman of the board of directors is in charge of all affairs of the Center internally, and represents the Center externally. If the chairman of the board of directors cannot exercise his authority for any reason whatsoever, the director designated by the chairman of the board of directors shall act on his behalf, but if the designation cannot be made, the person elected by the directors among themselves shall act on behalf of the chairman of the board of directors.
The chairman of the board of directors may not exceed the age of sixty-five at his first term of office. If the chairman of the board of directors reaches the age of seventy before the expiration of his term of office, he shall be replaced immediately, provided that special exemptions may be made upon the approval of the Executive Yuan.
Article 10
The authority of the board of directors is as follows:
1. Reviewing and discussing development goals and plans.
2. Reviewing and discussing annual business plans.
3. Reviewing and discussing annual budgets and financial statement reports.
4. Reviewing and discussing rules and regulations.
5. Reviewing and discussing the disposition of or the creation of encumbrance over private real estates.
6. Reviewing and discussing the matters required by the Act to be resolved by the board of directors.
7. Appointing and discharging the Director of the Center.
8. Reviewing and discussing other major matters.
Article 11
The meetings of the board of directors shall be held once three months. An extraordinary meeting may be held if necessary. The chairman of the board of directors shall convene the meetings and act as the chairperson.
A resolution of a meeting of the board of directors shall be made upon the approval of more than half of the directors present at the meeting representing more than half of all directors, provided that each of the resolutions specified in Subparagraphs 1 to 7 of the preceding Article shall be made upon the approval of more than half of all directors.
Article 12
The authority of the supervisors is as follows:
1. Verifying annual business final accounts.
2. Supervising business and financial status.
3. Auditing financial accounting books, documents and information of assets.
4. Verifying or auditing other major matters.
Each supervisor exercises his authority independently. The managing supervisor shall attend the meetings of the board of directors on behalf of all supervisors.
Article 13
A director or supervisor may not be a spouse or relative by blood or marriage within three degrees of kinship to any directors or supervisors.
Article 14
The directors, supervisors or staff equivalent to such positions shall comply with the regulations of the Act on Recusal of Public Servants Due to Conflict of Interest and may not seek their own interests or the interests of any interested party by using the authority, opportunities or methods arising out of their duties.
The person who breaches the preceding Paragraph shall be liable for the damages caused thereby to the Center.
A person articulated in Paragraph 1 against the regulations of the Act on Recusal of Public Servants Due to Conflicts of Interest shall be punished in accordance with the Act, and, in addition, the supervisory authority may take appropriate punishment. The disposal of violation should be determined by the competent supervisory authority.
Article 15
The directors and managing supervisor shall attend the meetings of the board of directors in person and may not delegate a proxy to attend the meetings.
Article 16
The chairman of the board of directors, directors and supervisors of the Center may not receive remuneration.
Article 17
The person who falls into any of the following categories may not be appointed as the director or supervisor:
1. The person who has been placed under custodianship or guardianship, and the placement has not yet been withdrawn.
2. The person who has been sentenced to imprisonment and has not been declared on probation.
3. The person who has been declared bankrupt and has not yet come out of bankruptcy.
4. The person whose citizen’s rights have been suspended which have not yet been resumed.
5. The person who has been certified by a public hospital as incapable of performing duties due to physical or mental disabilities.
The director or supervisor who falls in any of the categories listed in the preceding Paragraph or fails to attend the meetings of the board of directors for three consecutive times without any reasons shall be dismissed.
The director or supervisor who falls in any of the following categories may be dismissed:
1. The director or supervisor whose misconduct or poor character is found by concrete evidence to have affected the image of the Center.
2. The director or supervisor who is found by specific facts to have failed to devote reasonable efforts to his duties or performs his duties negligently, or the director or supervisor who materially breaches his appointment.
3. The Center fails to meet the standard of performance evaluation required by the competent supervisory authority for two consecutive years.
4. The director or supervisor who is found by concrete evidence to have violated the Administrative Neutrality Act.
5. The director or supervisor who is found by concrete evidence to have been lobbied or interceded in terms of the issue of which he is in charge or have accepted gifts or special treatments by misusing his position and have caused damages to public interests or the interests of the Center.
6. The director or supervisor who is found by concrete evidence to have misused assets of the Center for non-official reasons.
7. The director or supervisor who is found by concrete evidence to have violated the provisions of conflict of interests in Article 13 or Paragraph 1 of Article 14.
8. The director or supervisor who conducts any act that makes him unfit for his position as a director or supervisor.
If any of the situations listed in the Subparagraphs of the preceding Paragraph occurs, the competent supervisory authority shall provide opportunities to the concerned director or supervisor to state his opinions and explain before his discharge.
The regulations relating to the appointment, discharge and replacement of the directors and supervisors of the Center will be adopted by the competent supervisory authority.
Article 18
There is a Director in the Center, nominated by the chairman of the board of directors and approved and appointed by the board of directors. The same shall apply to the discharge of the Director. The Director carries out the businesses of the Center and supervises the personnel subject to the rules and regulations of the Center, resolutions of the board of directors and the authorization of the chairman of the board of directors.
The provisions regarding the directors and the chairman of the board of directors specified in Paragraph 4 of Article 9, Article 13, Paragraph 1 of Article 17, the first half of Paragraph 2 of Article 17, Paragraph 3 of Article 17, Paragraph 2 and 3 of Article 19, and Subparagraph 6 of Article 22 shall apply to the Director.
Article 19
The employees recruited by the Center shall be governed by the personnel management regulations of the Center and are not public servants. The rights and obligations of the employees shall be specifically specified in contracts.
The spouses and relatives by blood or marriage within three degrees of kinship to the directors and supervisors may not hold the positions regarding general affairs, accounting and personnel affairs of the Center.
The chairman of the board of directors may not recruit his spouse or his relatives by blood or marriage within three degrees of kinship to hold the positions of the Center.
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