National Theatre Trust Act

(Original Enactment: Ordinance 61 of 1960)

(30th March 1987)
An Act to establish the National Theatre Trust.
[1st December 1960]
Whereas on the 3rd December 1959 a public appeal was launched by the Government for contributions to a fund for the purpose of building a National Theatre in Singapore as a permanent memorial of the attainment of self-government by the people of Singapore:
And Whereas to this end a fund was raised in Singapore by public subscription to build a National Theatre for the promotion of National Culture:
And Whereas it is expedient to provide by statute for the establishment of a National Theatre Trust, and the appointment of a Board of Trustees and to define the powers and duties of the Board.
Short title
1.  This Act may be cited as the National Theatre Trust Act.
2.  In this Act, “Fund” means the National Theatre Trust Fund and includes all subscriptions, donations, bequests, interest and dividends and all other property real or personal heretofore or hereafter received or acquired for the purposes of this Act by the Board mentioned in section 3.
Establishment and incorporation of National Theatre Trust
3.  There is hereby constituted in Singapore a body corporate to be known as the National Theatre Trust (referred to in this Act as the Board) which —
(a)has perpetual succession;
(b)shall have a common seal; and
(c)may sue and be sued in its corporate name.
Constitution of Board
4.—(1)  The Board shall consist of a Chairman, a Deputy Chairman and at least 6 other Trustees to be appointed by the Minister.
(2)  All letters of appointment to the Trustees of the Board shall issue from the Minister and the Minister may revoke any appointment at any time without assigning any reason therefor.
(3)  The Chairman or in his absence the Deputy Chairman shall preside at all meetings of the Board and has the right to vote on any question coming before or arising at any meeting of the Board.
(4)  In the absence of the Chairman and the Deputy Chairman, such Trustee as the Trustees present may select shall act as Chairman.
(5)  The Trustees of the Board hold office for a period of 3 years from the date of their respective appointments or for such lesser period as the Minister may think fit and are eligible for reappointment on completion of that period.
(6)  If a vacancy occurs in the membership of the Board by death, resignation, revocation of an appointment under subsection (2) or for any other cause, the Minister shall appoint a person to fill the vacancy and any person so appointed shall hold office so long as the Trustee in whose place he is appointed would have held office.
(7)  The quorum at all meetings of the Board is 4 Trustees present and no business shall be transacted unless a quorum is present.
(8)  All questions coming before or arising at any meeting of the Board shall be decided by a majority of Trustees present and voting thereon at that meeting, and in case of an equality of votes the person presiding at the meeting has a second or casting vote.
(9)  The Board shall not be precluded from holding any meeting or acting in any matter merely by reason of any vacancy in its membership.
Disclosure of interest
5.—(1)  If a Trustee is directly or indirectly interested in any contract, proposed contract or other matter and is present at a meeting of the Board, or any committee thereof, at which the contract, proposed contract, or other matter is the subject of consideration, he shall, at the meeting and as soon as practicable after it commences, disclose the fact, and shall not thereafter be present during the consideration or discussion of, and shall not vote on any question with respect to, the contract, proposed contract or matter.
(2)  Subsection (1) shall also apply to any member of a committee appointed in accordance with section 6(1)(a) when the member is present at a meeting of any committee.
6.—(1)  The object of the Board is to manage on behalf of the Minister the National Theatre and any other theatrical institutions placed under its management by the Minister and for that purpose and, subject to the provisions of this Act, the Board may —
(a)appoint committees consisting of persons who may or may not be Trustees and allocate duties to and regulate the exercise of executive power by the committees;
(b)appoint such officers and employees as it thinks fit for the purpose of carrying into effect the provisions of this Act, regulate the conduct and dismissal of its officers and employees, and notify the Minister of all such appointments and dismissals;
(c)enter into contracts, establish trusts and generally regulate the transaction of all business connected with the Board;
(d)receive subscriptions and donations, interest and dividends, contributions from Government and from other persons and bodies, receipts from shows staged by the Board either at the Theatre or elsewhere and profits arising therefrom;
(e)utilise the corpus and income of the Fund in such manner as the Board may think fit for any purpose which in its opinion is beneficial to the Board including the financing of any entertainment for the purpose of augmenting the Fund;
(f)raise funds by all lawful means to carry out the purposes of this Act;
(g)with the approval of the Minister, acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description, and sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable property vested in the Board upon such terms as the Board thinks fit;
(h)build the National Theatre on a site and in such manner as approved by the Minister, and maintain the Theatre with all necessary buildings and equipment;
(i)manage or run the National Theatre or other theatrical institutions approved by the Minister;
(j)allow any performances, or exhibitions, or public meetings or any other cultural activity to be held in any building administered by the Board upon such terms and conditions as the Board may think fit; and
(k)generally do all such other acts as may be necessary to carry out the purposes of this Act.
(2)  All moneys received or raised by the Board shall be paid into the Fund.
Application of income
7.  The income and property of the Board from wherever derived shall be applied solely towards the promotion of the objects and general purposes of the Board as set out in this Act and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profits to the Trustees:
Provided that nothing herein shall prevent the payment in good faith of remuneration to any officers or employees of the Board.
Execution of documents
8.  All deeds, documents or other instruments requiring the seal of the Board shall be sealed with the common seal of the Board in the presence of the Chairman or the Deputy Chairman and one other Trustee, who shall sign every such deed, document or other instrument to which the common seal is affixed and their signing is sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.
Annual report
9.—(1)  The Board shall, as soon as possible after the close of each year, submit to the Minister an annual report on the activities of the Board during that year, and the Minister shall present a copy of every such report to Parliament.
(2)  Notwithstanding subsection (1), the Minister may at any time request the Board to furnish him with any information concerning any matter affecting the Board, and the Board shall furnish him with the information required, and afford him or his representative all necessary facilities for the verification of the information required.
Accounts and audit
10.—(1)  The Board shall keep proper accounts and other records of the Board and shall prepare in respect of each financial year a statement of accounts.
(2)  The accounts of the Board shall be audited by such auditors appointed annually by the Board as are approved by the Minister.
(3)  So soon as the accounts of the Board have been audited in accordance with subsection (2), a copy of the statement of accounts together with a copy of any report made by the auditors shall be submitted to the Minister, who shall present to Parliament a copy of every such statement of accounts and of any report made by the auditors.
Directions by Minister
11.—(1)  The Minister may, in consultation with the Board or otherwise, give to the Board such directions as he thinks fit as to the exercise and performance by the Board of its functions under this Act and the Board shall give effect to such directions.
(2)  The annual report for any year shall set out any directions given by the Minister under subsection (1) and shall contain a report of any action taken by the Board during that year consequent on the directions.
Bank account of Board
12.—(1)  All moneys in the Fund shall be deposited in the bank of the Board.
(2)  All cheques drawn upon the bank account of the Board shall be signed by two of the following:
(a)the Chairman;
(b)the Deputy Chairman; and
(c)such Trustee as may be nominated by the Board for the purpose.
(3)  The Board shall have full power to manage and to spend the moneys it receives for the purposes set out in this Act and to delegate such powers other than the signing of cheques as it thinks fit to sub-committees appointed by it.