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

Print Time:2024/11/22 08:31
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Chapter Law Content

Title: Act for the Establishment of the Taiwan Space Agency CH
Category: National Science and Technology Council(國家科學及技術委員會)
Chapter 2 - Organization
Article 6
There is a board of directors in the Agency, 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 space research.
3. Experts in operation and management of private enterprises, or the public figures who have major contributions to the field of space.
The number of the directors specified in Subparagraph 1 of the preceding Paragraph shall not be less than one-half of the total number of directors, and there shall be at least two directors in each of the second and third Subparagraphs.
The number of each gender of the directors specified in Paragraph 1 may not be less than one-third of the total number of directors.
Article 7
There are three to five supervisors in the Agency, 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 space research.
3. Scholars and experts in the field of law, accounting or finance.
The supervisors of each of the preceding Paragraphs shall be at least one each, and 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 supervisors.
Article 8
The appointment for both directors and supervisors shall be for a period of three years and may be renewed once. The number of those serving a second term, however, shall not exceed two-thirds the number of directors or supervisors and shall not be less than one-third.
The directors and supervisors acting on behalf of governmental agencies shall be replaced if their positions are changed, and 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 Paragraph 1 of the preceding Article before the expiration of their terms of office, the vacancy shall be filled through the selection 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 chairperson of the board of directors in the Agency, 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 chairperson of the board of directors.
Regulations regarding the selection, removal and replacement of chairperson of the board of directors, and other related matters, shall be prescribed by the competent supervisory authority.
The chairperson of the board of directors is in charge of all affairs of the Agency internally, and represents the Agency externally. If the chairperson of the board of directors cannot exercise his/her authority for any reason whatsoever, the director designated by the chairperson of the board of directors shall act on his/her behalf, but if the designation cannot be made, the person elected by the directors among themselves shall act on behalf of the chairperson of the board of directors.
The chairperson of the board of directors may not exceed the age of sixty-five at his/her first term of office. If the chairperson of the board of directors reaches the age of seventy before the expiration of his/her term of office, he or she 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 the Agency-owned real estates.
6. Appointing and discharging the Director General of the Agency.
7. Reviewing and discussing the matters required by the Act to be resolved by the board of directors.
8. Reviewing and discussing other major matters.
Article 11
The meetings of the board of directors shall be held once every three months. An extraordinary meeting may be held if necessary. The chairperson of the board of directors shall convene the meetings and act as the chairperson of the meetings.
At least half of all directors shall be in attendance in board of directors’ meetings, and resolutions shall be approved by at least half of all directors in attendance, 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 or her 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 shall 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, Director General or staff equivalent to such positions shall comply with the regulations of the Act on Recusal of Public Servants Due to Conflict of Interest.
The person who breaches the preceding Paragraph shall be liable for the damages caused thereby to the Agency.
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 that act, and, in addition, the competent supervisory authority may take appropriate punishment. The disposal of violation should be stipulated by the competent supervisory authority.
Article 15
The directors and managing supervisor shall attend the meetings of the board of directors in person and shall not delegate a proxy to attend the meetings.
Article 16
The chairperson of the board of directors, directors and supervisors of the Agency may not receive remuneration.
Article 17
A person to whom any of the following circumstances applies may not be appointed as a director or supervisor:
1. A person who has been placed under custodianship or guardianship, and such placement has not yet been withdrawn;
2. A person who has been sentenced to imprisonment and has not been declared on probation;
3. A person who has been declared bankrupt, or who has been ruled by the court to commence debt settlement procedures in accordance with the Consumer Debt Clearance Statute, and whose rights have not been resumed; or
4. A person whose citizen’s rights have been suspended which have not yet been resumed.
A 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.
A director or supervisor who falls in any of the following categories may be dismissed:
1. A director or supervisor whose misconduct or poor character is found by concrete evidence to have affected the image of the Agency.
2. A director or supervisor who is found by specific facts to have failed to devote reasonable efforts to his/her duties or performs his/her duties negligently, or a director or supervisor who materially breaches his/her appointment.
3. The Agency fails to meet the standard of performance evaluation required by the competent supervisory authority for two consecutive years.
4. A director or supervisor who is found by concrete evidence to have violated the Administrative Neutrality Act.
5. A director or supervisor who is found by concrete evidence to have been illegally lobbied or accepts entreaty in relation to the matters of which he/she is in charge or has accepted gifts or special treatments by misusing his/her position and has caused damages to public interests or the interests of the Agency.
6. A director or supervisor who is found by concrete evidence to have misused assets of the Agency for non-official reasons.
7. A director or supervisor who is found by concrete evidence to have violated the provisions of recusal in case of conflict of interests in Article 13 or Paragraph 1 of Article 14.
8. A director or supervisor who conducts any act that makes him/her unfit for the 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/her opinions and explain before his/her discharge.
The regulations relating to the appointment, discharge and replacement of the directors and supervisors of the Agency shall be prescribed by the competent supervisory authority.
Article 18
There is a Director General in the Agency, nominated by the chairperson of the board of directors and approved and appointed by the board of directors. The same shall apply to the discharge of the Director General.
The Director General carries out the operation of the Agency and supervises the personnel subject to the rules and regulations of the Agency, resolutions of the board of directors and the authorization of the chairperson of the board of directors.
The Director General shall have expertise in space technology affairs or research and development as well as business management skills or experience.
The provisions regarding the directors and the chairperson specified in Paragraph 4 of Article 9, Article 13, Paragraphs 1 to 4 of the preceding Article, Paragraph 2 and 3 of Article 19, and Subparagraph 6 of Article 22 shall apply to the Director General.
Article 19
The employees recruited by the Agency shall be governed by the personnel management regulations of the Agency 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 shall not hold the positions regarding general affairs, accounting and personnel affairs of the Agency.
The chairperson shall not recruit his/her spouse or relatives by blood or marriage within three degrees of kinship to hold the positions of the Agency.
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