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

Print Time:2024/11/22 09:06
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Chapter Law Content

Title: Public Television Act CH
Category: Ministry of Culture(文化部)
Chapter II Organization
Article 13
The PTS Foundation shall set up a board of directors, consisting of 11 to 15 people. One director shall be an employee representative. The PTS Foundation shall also have a Board of Supervisors of between three and five people.
Directors and supervisors shall be selected as follows:
1. The Legislative Yuan shall recommend 11 to 15 just and fair people from society to form the PTS Directors and Supervisors Review Committee.
2. Candidates for PTS directors and supervisors (not including the employee representative) shall be nominated by the Executive Yuan and then submitted to the premier for appointment with the consent of more than two-thirds of the members of the Review Committee.
3. A candidate for the director representing appointees shall be nominated by the PTS enterprise union and provided to the competent authority for submission to the premier for appointment.
When the Executive Yuan nominates candidates for director or supervisor in line with Item 2, it shall ensure that each gender accounts for at least one-third of nominees for each position.
The selection of PTS directors shall consider ethnic representation and a balanced representation from education, arts, literature, academics, communications, and other professional fields.
Not more than a quarter of PTS directors shall be of the same political party affiliation; no more than one-third of supervisors may be members of the same political party. Directors and supervisors may not participate in political activities during their tenures.
Article 14
The following persons shall not serve as PTS directors or supervisors:
1. Public officials, exclusive of educators and researchers at all levels of public schools and academic institutions
2. Political party workers
3. Responsible persons and executives of over-the-air and cable radio and television enterprises
4. Manufacturers, importers, and dealers of transmitting equipment and facilities
5. Persons whose total investments in the enterprises of the preceding two items exceed 5 percent of the capitalization of the enterprises
6. Members of the Review Committee
7. Non-ROC citizens
8. Those who have received a bankruptcy declaration or who are in the process of liquidation under the Consumer Debt Clearance Statute and have not resumed their rights
9. Those not yet released from guardianship or assistance where such has been announced.
Article 15
The board of directors shall:
1. set the operational orientation of the PTS;
2. approve annual work plans;
3. review and approve PTS's fiscal budget and final accounts;
4. decide the orientation of PTS programming and development and supervise their implementation;
5. decide the establishment and dissolution of PTS branches;
6. amend the charter of the PTS Foundation;
7. formulate and revise important regulations on business management and implementation;
8. select and appoint the president and confirm the selection and appointment of the vice president and other first-level executives;
9. evaluate and approve the PTS personnel system;
10. establish various ad hoc advisory committees; and
11. perform other obligations of the board of directors as authorized by this Law or the charter.
Article 16
A director shall serve a term of three years and is eligible for re-appointment when the term of service expires.
In accordance with Article 13, a new director shall be hired six months prior to the expiration of a sitting director’s term. Where no new director has been chosen by the expiration of the term, the term may be extended until a new director has taken up the position.
Article 17
There shall be one chairperson on the board of directors who shall be elected by the directors from among themselves.
The chairperson shall be in charge of the general affairs of the board, preside at board meetings, and represent the PTS Foundation in dealing with third parties.
In the event that the chairperson cannot exercise his powers for any cause whatsoever, he shall designate one of the directors to act on his behalf during his absence. If the chairperson fails to make such a designation, the directors shall elect from among themselves, a chairperson to act on his behalf.
In the event that the chairperson cannot exercise his powers for more than three months for any cause whatsoever, he may be removed from office by a resolution of the board of directors.
Article 18
The PTS Foundation shall request that the premier remove a director from office when any of the following situations are applicable to that particular director:
1. Any situation as stipulated in Subparagraph 1 through 7 of Article 14
2. Where a director has resigned
3. Where a director has been sentenced to imprisonment with possibility of parole (save where a sentence is suspended or in cases of negligence).
4. Where regulations or the organization’s charter have been violated during the execution of the director’s duty such that the public interest or the rights and interests of the PTS Foundation have suffered
5. Where the director representing employees has lost the standing of a member of the PTS enterprise union
6. The director's conduct is determined through a board resolution to have violated the duties of a director or acted in such a way that is improper for a director.
Where the PTS Foundation fails to request a dismissal in accordance with the above, the competent authority shall require that it act within a prescribed time. Where the PTS Foundation fails to do so within the prescribed time, the competent authority shall request the premier to order a dismissal.
Where the circumstances of Subparagraph 8 or 9 of Article 14 apply, this shall result in automatic dismissal.
Where a director is dismissed or leaves office, pursuant to the preceding three paragraphs, the central competent authority shall inform the local district court to register the fact.
Article 19
In the event that one-third of the directors or the seat for the director representing employees have vacated their offices, new directors shall immediately be selected pursuant to Article 13 to fill the vacancies. The new directors shall serve until the original term expires.
When the chairperson has vacated office, one of the directors shall be elected by the directors to exercise the chairperson's powers until the original term expires.
Article 20
The chairperson shall be a full-time paid position. Individuals serving as chair are not to be receiving other salary, monthly pension, monthly severance pay, or other like remuneration. Directors shall receive no compensation other than fees for attending board meetings.
The board of directors shall meet at least once per month. Special meetings shall be called at such times as deemed necessary by the chairperson or upon request by at least one-third of the directors.
Except as otherwise provided herein, the board shall adopt no resolution unless the meeting is attended by two-thirds of the directors and a majority of the votes are cast in favor of the resolution.
Article 21
Supervisors shall elect from among themselves one individual to serve as standing supervisor at meetings.
Supervisors shall have relevant knowledge and experience in mass media, law, or accounting. Related provisions regarding the directors in this Law shall apply to the hiring, dismissal, replacement, term extension, and automatic dismissal of the supervisors.
The board of supervisors shall audit the use of funds by the PTS Foundation and determine whether there has been a violation of the PTS Foundation's Financial Auditing Procedures and other laws.
The board of directors shall prescribe the PTS Foundation's Financial Auditing Procedures mentioned in the preceding paragraph.
Article 22
The PTS Foundation shall have a president, who shall be nominated by the chairperson of the board and approved by two-thirds of the directors. There shall be one to three vice presidents, depending on the requirements of the business. The vice presidents shall be nominated by the president and approved by the board of directors.
Article 23
The president shall be directed and supervised by the board of directors in conducting the business of the PTS Foundation. Within the scope of his powers, the president shall represent the PTS Foundation. The vice presidents shall assist the president with the business, and shall act on his behalf in his absence.
Managers and other first-level executives shall be nominated by the president and approved by the board of directors.
Article 24
The following conduct of the president shall be subject to the advance written approval of the board of directors:
1. Acquiring, transferring, leasing, lending, or mortgaging real estate
2. Transferring, leasing, lending, or mortgaging all or part of the transmitting facilities
3. Investing in other industries related to the operational objectives of public television
4. Other items requiring the approval of the board of directors as mandated by this Law or the charter.
Companies subject to PTS Foundation investment in accordance with Subparagraph 3 of the preceding paragraph shall be restricted to limited companies or companies limited by shares.
The board of directors shall report the actions under Subparagraph 1 and 2 of Paragraph 1 to the regulatory agency.
Article 25
The president and the vice president may not concurrently serve as a public official or political party worker, conduct other businesses, engage in profit-making businesses, or invest in newspapers, news agencies, or radio, television, film, video tape, or other mass media businesses.
Article 26
The president or vice president shall be dismissed by the board of directors, if he:
1. has violated any Subparagraph in Paragraph 1 of Article 24;
2. in receipt of a bankruptcy declaration or in the process of liquidation under the Consumer Debt Clearance Statute and rights have not been resumed;
3. not yet released from guardianship or assistance where such has been announced; or
4. has been determined by a board resolution to have violated his duties or acted in such a way that is improper for his position.
Article 27
To ensure the professionalism and independence of news production, the staff of the news department shall elect from among themselves three to five representatives to formulate policy on news production and broadcasting with the president.
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