Act for the Establishment of the Indigenous Peoples Cultural Foundation

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0130022

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Article 1


The Indigenous Peoples Cultural Foundation (hereinafter referred to as the “IPCF”) is established and this Act is adopted for the purpose of sustaining indigenous culture education and operating indigenous culture-related media businesses.


Article 2


The IPCF is formed as a corporate foundation organized in accordance with this Act. The matters not provided in this Act shall be governed by the Civil Code and other relevant laws.


Article 3


The competent authority of the Foundation is the Council of Indigenous Peoples.


Article 4


The business scope of the IPCF is as follows:
1. Planning, production, broadcasting, operation and popularization of indigenous broadcasts and designated television channels.
2. Publication and promotion of the publications relating to indigenous culture and communication.
3. Establishment and promotion of websites relating to indigenous culture-related media.
4. Counseling, handling and sponsoring the activities relating to indigenous culture, language, art and communication.
5. Cultivating and rewarding the workers devoted to indigenous culture, language, art and communication.
6. Other businesses relating to indigenous culture, language, art and media.
The electric wave frequency required by the indigenous broadcast and television channels shall be planned and allocated by the central industry competent authorities consulting with the competent authorities.
The IPCF may entrust wireless television agencies to broadcast the programs and advertisements of the indigenous television station, which shall not be restricted by Paragraph 2 of Article 4 of the Radio and Television Act.


Article 5


The establishment fund of the IPCF is provided by the competent authority with a budgetary contribution of NT 50 million.


Article 6


The financial sources of the IPCF are as follows:
1. Contribution from domestic and foreign, public and private institutions, groups, legal persons or individuals.
2. Contribution from the government’s budget.
3. Income from the provision of services or the engagement in indigenous culture-related media businesses.
4. Income from the interests derived from the utilization of funds.
5. Income from commissioned program production.
6. Other relevant income.


Article 7


A board of directors is established in the IPCF, consisting of between eleven and fifteen directors. One chairman of the board of directors is elected among the directors. The chairman of the board of directors should be an indigene.
The chairman of the board of directors is in charge of the general affairs of the board of directors and presides at the meeting of the board of directors internally, and represents the IPCF externally. In the event that the chairman of the board of directors cannot perform his duties for any cause whatsoever, a person will be elected among the directors to act on behalf of the chairman of the board of directors. In the event that the chairman of the board of directors cannot perform his duties for more than three months for any cause whatsoever, the board of directors may resolve to discharge his duties as a chairman of the board of directors.


Article 8


A board of supervisors is established in the IPCF, consisting of between three and five supervisors. One managing supervisor is elected among the supervisors.


Article 9


The appointment of the directors and supervisors is under the following procedures:
1. The Legislative Yuan will recommend between eleven and thirteen indigenous representatives and just and fair people from the society to form the Directors and Supervisors Review Committee (hereinafter referred to as the “Review Committee”).
2. The candidates for directors and supervisors will be nominated by the Executive Yuan and thereafter submitted to the Review Committee for approval by two-third or more of the members of the Review Committee. The directors and supervisors approved by the Review Committee will be submitted to the Premier of the Executive Yuan for appointment.
The number of the indigenous representatives specified in the preceding Paragraph shall not be less than half of the members of the Review Committee.
The members of the Review Committee shall not be political party workers, political appointees and elected public officials. The members of the Review Committee shall attend meetings in person and shall not designate proxies to attend meetings on their behalf.
The directors shall be elected and appointed based on whether they are representative enough of indigene and their expertise in education, art, communication and ethnology.
The supervisors shall be experienced or educated in communication, law, accounting or finance.
The directors, supervisors and indigenous representatives specified in the preceding two Paragraphs shall not be less than half of the members of the Review Committee.
The number of the directors and the number of the supervisors respectively who are in the same political party shall not exceed a quarter of the total directors and a quarter of the total supervisors respectively. The directors and supervisors shall not participate in political activities during their tenures.


Article 10


A director or a supervisor serves a term of three years and is eligible for re-appointment when the term of service expires. If a vacancy occurs due to the resignation, death or dismissal of a director or supervisor, the vacancy will be filled by appointment by the competent authority according to the preceding Article. The new director or supervisor filling the vacancy serves until the original term expires.


Article 11


Except for the chairman of the board of directors, which is a full-time paid position, the rest of the directors and supervisors receive no remuneration.


Article 12


The board of directors is in charge of the following matters:
1. Approving the operational goals and the annual major work plans.
2. Reviewing and approving the fiscal budget and final accounts.
3. Adopting the amendments to the act of endowment.
4. Examining major by-laws and regulations.
5. Approving the acquisition and disposal of real estates.
6. Appointing and discharging major personnel.
7. Other matters required by this Act or the articles of association to be handled by the board of directors.
The meeting of the board of directors is convened once a month. If the chairman of the board of director deems it necessary or as requested by one-third or more of the directors, an extraordinary meeting may be held.
A resolution of the board of directors shall be passed by more than half of the directors present at the meeting at which half or more of the directors shall be present. However, the resolutions on the matters specified in Subparagraphs 1 to 6 of the first Paragraph of this Article shall be passed by more than half of the total directors.


Article 13


The board of supervisors is in charge of the following matters:
1. Reviewing and approving the business and financial conditions.
2. Reviewing and approving the final accounting books and statements.
3. Auditing financial accounts, documents and assets data.
4. Reviewing and approving or auditing other matters of material importance.


Article 14


The following persons shall not act as directors:
1. Public officials, exclusive of educators and researchers at all levels of public schools and academic institutions.
2. Political party workers.
3. Responsible persons or executives of over-the-air and cable radio and television enterprises.
4. Manufacturers, importers, or dealers of transmitting equipment and facilities.
5. Persons whose total investments in enterprises specified in the preceding two Subparagraphs exceed five percent of the capital of such enterprises.
6. Members of the Review Committee.
7. Non-R.O.C. citizens.


Article 15


A director or supervisor shall comply with the principle of conflict of interest, and shall not abuse the power, opportunities or means arising out of his position to attain his own interests or the interests of any third party.
A director or supervisor shall not be or used to be a spouse or a relative by blood or marriage within three degrees of kinship to another director or supervisor.
The spouse or the relative by blood or marriage within three degrees of kinship to a director or supervisor shall not be in charge of general affairs, accounting, or personnel affairs of the IPCF.


Article 16


The director or supervisor falling into any of the following situations shall be discharged by the competent authority:
1. Violating any laws or regulations or the articles of association when performing his duties.
2. Acting in such a way that is materially and apparently improper for his position.
3. Being certified by a qualified physician that he is not capable of performing his duties due to his illness.
4. Being declared interdiction or bankruptcy.
5. Having been served a sentence of an imprisonment with final judgment, except where probation has been announced or the punishment has been commuted to a fine.
6. Being determined through a resolution of the board of directors to have violated his duties or acted in such a way that is improper for a director.


Article 17


The IPCF consists of one chief executive officer and between one and two deputy chief executive officers.
The chief executive officer is nominated by the chairman of the board of directors and approved by two-third or more of the directors; the deputy executive officers are nominated by the chief executive officer and approved by the board of directors.
The chief executive officer is in charge of the businesses of the IPCF under the directions and supervision of the board of directors. The deputy chief executive officers assist the chief executive officer to carry out businesses, and perform the duties of the chief executive officer on his behalf when he cannot perform his duties for any cause whatsoever.
Article 15 applies to the chief executive officer and the deputy chief executive officers.
The chief executive officer and the deputy chief executive officers shall not be current public officials or political party workers, and shall not engage in profit-seeking businesses or invest in newspaper, news agencies, radio, television, movie, video tape or other mass communication businesses.


Article 18


The chief executive officer or any deputy chief executive officer falling into any of the following situations will be discharged by the board of directors:
1. Disposing self-owned real estates, transmitting facilities or investing in any other business which is in connection with the purpose of the operation of the indigenous television without the approval of the board of directors.
2. Being declared interdiction or bankruptcy.
3. Being diagnosed by a public hospital to be mentally or physically impaired to the extent that he is not capable of performing his duties.
4. Being determined through a resolution of the board of directors to have violated his duties or acted in such a way that is improper for his position.


Article 19


The act of endowment of the IPCF is adopted by the competent authority. The amendment to the act of endowment of the IPCF is drafted by the board of directors and thereafter submitted to the competent authority for approval.


Article 20


The fiscal year of the IPCF shall be consistent with the fiscal year of the government.


Article 21


The budgeting and auditing of the IPCF shall conform to the following procedures:
1. Before the beginning of a year, a yearly business plan and a yearly budget shall be prepared for the approval of the board of directors and thereafter submitted to the competent authority to be carried out in accordance with standard budget procedures.
2. Within two months upon the end of a year, a yearly work performance report and an audited income and expenditure account shall be prepared for the review of the board of supervisors and the approval of the board of directors and thereafter submitted to the competent authority to be carried out in accordance with standard auditing procedures.
3. At the end of a business year, the residual budget of the IPCF, if any, shall be listed as part of the remainder of the funds of the IPCF save for reserved items.


Article 22


The operational policy, business plan, management of funds, utilization of budget, category of assets, the financial statements audited and certified by the accountant and other documents which are in connection with business operations shall be prepared and available at the IPCF or publicized on the website for the reference of the public.
The items to be publicized as mentioned in the preceding Paragraph shall be publicized within three months after the end of a year, provided that the operational policy and business plan shall be publicized four months prior to the beginning of a year.


Article 23


The IPCF will be dissolved by the competent authority in the event that, due to a change of circumstances, it cannot achieve the purposes for which it was established in accordance with this Act. After its dissolution, the remaining properties of the IPCF will be confiscated to the National Treasury.


Article 24


The legal persons or public figures who contribute to the IPCF shall be rewarded. The regulations for the reward will be regulated by the competent authority.


Article 25


This Act is enforced on the date of its promulgation.