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

Print Time:2024/11/22 07:41
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Chapter Law Content

Chapter II Organization
Article 6
The Institute has a Board of Directors consisting of eleven to fifteen Directors selected among the following people by the supervisory authority and appointed by the Premier of the Executive Yuan. The same shall apply to their dismissal:
1.Representatives of relevant governmental agencies (entities). The Deputy Heads or appointed representatives overseeing the affairs of the Nuclear Safety Commission, Ministry of Economic Affairs, National Science and Technology Council and Ministry of National Defense shall serve as ex-officio Directors.
2.Scholars and experts with rich experience in research and development of atomic energy and its applied science and technology at home and abroad.
3.Experts in the operation and management of private enterprises, or public figures who have significant contributions to the Institute.
The number of Directors specified in Subparagraph 1 of the preceding Paragraph shall not be less than one-half of the total number of Directors.
The number of each gender of the Directors specified in Paragraph 1 shall not be less than one-third of the total number of Directors.
Article 7
The Institute shall have neither less than three nor more than five Supervisors. The Supervisors shall be nominated by the supervisory authority and appointed by the Premier of the Executive Yuan. In the event of the dismissal, the same procedure shall be followed. The Supervisors shall be nominated among the following people:
1. Representatives of relevant governmental agencies (entities).
2. Scholars and experts with rich experience in research and development of atomic energy and its applied science and technology at home and abroad.
3. Scholars and experts in the related fields of law, accounting, and finance.
A Standing Supervisor shall be elected among the Supervisors.
The number of each gender of the Supervisors specified in Paragraph 1 shall not be less than one-third of the total number of Directors.
Article 8
The term of office of each Director or Supervisor is three years. Directors or Supervisors may be reappointed once upon the expiration of the original term of office. The number of reappointments shall exceed one-third of the total number of Directors or Supervisors, and shall not exceed two-thirds of the total number of individuals.
According to Subparagraphs 1, Paragraphs 1 of Article 6 and Subparagraphs 1, Paragraphs 1 of Article 7, the Directors or Supervisors acting on behalf of government agencies shall be replaced if their government positions are changed, and shall not be bound by the restriction on the times of reappointment 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 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.
The methods of selection, dismissal and supplementary appointment of Directors and Supervisors of the Institute, as well as other relevant matters, shall be determined by the supervisory authority.
Article 9
The Institute shall have one Chairperson of the Board of Directors, nominated by the supervisory authority among the Directors, and appointed by the Premier of the Executive Yuan. In the event of the dismissal, the same procedure shall be followed.
The regulations governing the method of appointment, dismissal, and replacement of the Chairperson, and other associated matters shall be prescribed by the supervisory authority.
The Chairperson is in charge of all affairs of the Institute internally and represents the Institute externally as well. If the Chairperson cannot exercise the authority for any reason whatsoever, the Director designated by the Chairperson shall act on behalf of the Chairperson, but if the designation cannot be made, the person being elected by the Directors among themselves shall act on behalf of the Chairperson.
The Chairperson may not exceed the age of sixty-five at the first term of office. If the Chairperson reaches the age of seventy before the expiration of the term of office, the Chairperson shall be replaced immediately. However, if there are special considerations that have been approved by the Executive Yuan, the aforementioned limitations shall not apply.
Article 10
The Board of Directors has the following authorities:
1.To deliberate on development objectives and plans.
2.To deliberate on the annual business plans.
3.To deliberate on the annual budget and the financial statements.
4.To deliberate on the Institute’s internal rules and regulations.
5.To deliberate on the disposal or the creation of any encumbrance of real estate owned by the Institute.
6.To approve the appointment and dismissal of the Institute President
7.To deliberate on matters that this Act stipulates shall be decided by the Board of Directors.
8.To deliberate on other major matters.
Article 11
The Board of Directors shall meet once every three months; when necessary, an extraordinary meeting may be convened by the Chairperson, who will chair the meeting.
Meetings of the Board of Directors shall be attended by more than half of the Board members, and resolutions shall be approved by more than half of the Board members who are present at the meeting. However, resolutions regarding specified in Subparagraphs 1 to 7 of the previous Article shall be approved by more than half of all the Board members.
Article 12
The Supervisors have the following authorities:
1.Review and pass the annual financial statements;
2.Oversee the Institute’s business and financial affairs;
3.Audit the financial books, documents, and property records of the Institute.
4.Review or audit other important matters.
Supervisors shall exercise authority independently; Standing Supervisors shall represent the Board of Supervisors at meetings of the Board of Directors.
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
Matters concerning the avoidance of conflicts of interest for Directors, Supervisors, the President, or individuals in equivalent positions, as well as their related parties, shall be handled under the provisions 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 Institute.
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 under the Act, and, in addition, the supervisory authority may take appropriate punishment. The disposal of violations should be determined by the supervisory authority.
Article 15
The Directors and Standing Supervisors shall attend Board meetings in person, and shall not appoint proxies to attend.
Article 16
A person to whom any of the following circumstances applies may not be hired as a Director or Supervisor:
1.Commencement of guardianship or assistance remains in force;
2.A conviction mandating imprisonment has been handed down and probation has not yet been granted;
3.A bankruptcy declaration has been filed, or where following the Consumer Debt Clearance Act a judge has mandated the debt clearance process begin, but where rights have not yet been restored.
4.Deprivation of civil rights that have not yet been restored.
A Director or Supervisor to whom any of the circumstances listed in the preceding paragraph pertains, or who without valid reason fails to attend the meetings of the Board of Directors three times, shall be dismissed.
A Director or Supervisor to whom any of the following circumstances applies may be dismissed:
1.Proven immoral behavior detrimental to the image of the Institute;
2.Where work has been performed unsatisfactorily or duties have been neglected to seriously infringe upon the terms of employment;
3.Where the Institute has not met the standards laid out by the supervising authority for its annual performance review two years in a row;
4.Where there has been a proven contravention of the Civil Service Administrative Neutrality Act;
5.Where there has been proven lobbying or favors concerning matters under the individual’s purview, or where an individual has used his/her official capacity to accept bribery or gifts such that the public interest or the interests of the Institute have been harmed;
6.Where it is proven that the Institute’s property has been used for other than official use;
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.Other conduct unbecoming of a Director or Supervisor.
For any of these situations, the supervisory authority shall allow the accused to state his/her opinions and rebut the charges levied.
Article 17
Adjunct Directors or Supervisors may not receive remuneration.
Article 18
The Institute shall appoint one full-time President, proposed by the Chairperson of the Board of Directors and hired upon approval by the Board of Directors. The same procedure shall be followed for the President’s dismissal. The President shall be subject to the directions and supervision of the Board of Directors, shall implement the Institute’s business, and shall also supervise the Institute’s personnel.
Regulations governing Directors and the Chairperson of the Board of Directors, namely those under Paragraph 4 of Article 9, Article 13, Article 16, and Paragraph 6 of Article 19, shall apply mutatis mutandis to the President.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)