Nanyang Technological University Act

(CHAPTER 192)

(Original Enactment: Act 17 of 1991)

REVISED EDITION 1992

(9th March 1992)

An Act to establish a university known as the Nanyang Technological University and for purposes connected therewith and to dissolve the Nanyang Technological Institute.

Whereas the Nanyang Technological Institute was established and incorporated on 8th August 1981 to provide higher instruction, training and research in various branches of engineering and technology:

And Whereas it is desirable for the better provision of university education in Singapore that the Nanyang Technological Institute be dissolved and a university to be known as the Nanyang Technological University be established.

[1st July 1991]

Short title

1. This Act may be cited as the Nanyang Technological University Act.

Interpretation

2. In this Act, unless the context otherwise requires —

“Council” means the Council of the University;

“Institute” means the Nanyang Technological Institute established and incorporated by the Nanyang Technological Institute Act repealed by this Act;

“National University of Singapore” means the National University of Singapore established and incorporated by the National University of Singapore Act [Cap. 204];

“University” means the Nanyang Technological University established and incorporated by this Act;

“University Constitution” means the Constitution of the University set out in the First Schedule.

Establishment of Nanyang Technological University

3. There shall be established a University to be known as the Nanyang Technological University which shall be a body corporate with perpetual succession and a common seal and shall, by that name, be capable of —

(a)	suing and being sued;
(b)	acquiring, owning, holding and developing or disposing of property, both movable and immovable; and
(c)	doing and suffering all such other acts or things as bodies corporate may lawfully do and suffer.

Common Seal

4.—(1) The common seal of the University shall be kept in such custody as the Council directs.

(2) All deeds, documents and other instruments requiring the seal of the University shall be sealed with the common seal of the University, and the instruments to which the common seal is affixed shall be signed by the President of the University or its Deputy President and by a member of the Council.

(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the University affixed to any document and shall presume that it was duly affixed.

Functions and powers of University

5.—(1) The functions of the University shall include —

(a)	the provision of educational facilities at university standards for persons enrolled therein;
(b)	the advancement and dissemination of knowledge and the promotion of research and scholarship; and
(c)	the conferring and awarding of degrees, diplomas and certificates, including honorary degrees and other distinctions.

(2) The University may, for the purpose of discharging its functions —

(a)	provide such facilities for its students as it considers desirable;
(b)	enter into and carry out such arrangements as the Council may think fit with the National University of Singapore for the co-ordination of the work of the University with the work of the National University of Singapore;
(c)	institute professorships, lectureships and other posts and offices and make appointments thereto;
(d)	regulate conditions of service of officers and employees of the University, including schemes of service, salary scales, leave and discipline;
(e)	fix, demand and receive fees and other charges;
(f)	promote the formation of or acquire any interest in any undertaking; and
(g)	do all such things as may be necessary, incidental or conducive to the attainment of all or any of its functions and powers.

University Constitution

6.—(1) The University shall be governed by the provisions of the University Constitution.

(2) The Minister may, on the advice of the Council, amend the University Constitution by order published in the Gazette.

(3) Statutes and regulations of the University made under the University Constitution shall not be deemed to be subsidiary legislation.

Investment

6A. The University may, subject to the general or special direction of the Minister —

(a)	invest its moneys in such manner as it thinks fit; and
(b)	engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment. [40/2004 wef 06/10/2004]

Power to borrow

6B.—(1) For the discharge of its functions or duties under this Act or any other written law, the University may, from time to time, raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by —

(a)	mortgage, overdraft or other means, with or without security;
(b)	charge, whether legal or equitable, on any property vested in the University or on any other revenue receivable by the University under this Act or any other written law; or
(c)	the creation and issue of debentures, bonds or any other instrument as the Minister may approve.

(2) For the purposes of this section, the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the University for the purchase of goods, materials or things.

[40/2004 wef 06/10/2004]

Grants-in-aid

7.—(1) The Minister for Finance shall pay to the University such moneys as may be provided by Parliament from time to time as grants-in-aid to the University.

(2) All moneys paid to the University under subsection (1) may be applied or expended by the University for all or any of the purposes of the University.

Issue of shares, etc.

7A. As a consequence of the vesting of any property, rights or liabilities of the Government in the University under this Act, or of any capital injection or other investment by the Government in the University in accordance with any written law, the University shall issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct.

[5/2002 wef 15/07/2002]

Accounts and financial statements

8.—(1) The University shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the University and over the expenditure incurred by the University.

(2) The University shall, as soon as practicable after the close of each financial year, prepare and submit financial statements in respect of that year to the auditor of the University.

Audit of accounts

9.—(1) The accounts of the University shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General.

(2) A person shall not be qualified for appointment as an auditor under subsection (1) unless he is an approved company auditor under the Companies Act [Cap. 50].

(3) The remuneration of the auditor of the University shall be paid out of the funds of the University.

(4) The auditor or any person authorised by him shall be entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the University.

(5) The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor considers necessary for the purposes of his functions under this Act.

(6) Any person who fails without reasonable excuse to comply with any requirement of the auditor under subsection (5) or who otherwise hinders, obstructs or delays the auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(7) The auditor shall in his report state —

(a)	whether the financial statements show fairly the financial transactions and the state of affairs of the University;
(b)	whether proper accounting and other records have been kept, including records of all assets of the University whether purchased, donated or otherwise;
(c)	whether the receipts, expenditure and investment of moneys, and the acquisition and disposal of assets by the University during the financial year were in accordance with the provisions of this Act; and
(d)	such other matters arising from the audit as he considers necessary.

(8) The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the University and shall also submit such periodical and special reports to the Minister and to the University as may appear to him to be necessary or as the Minister or the University may require.

Presentation of financial statements and auditor’s report to Parliament

10.—(1) The University shall, as soon as the accounts of the University and the financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the President of the University and its Bursar, together with a copy of the auditor’s report.

(2) Where the Auditor-General is not the auditor of the University, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General when they are submitted to the University.

(3) The Minister shall as soon as practicable cause a copy of the audited financial statements and of the auditor’s report referred to in subsection (1) to be presented to Parliament.

Annual report

11.—(1) The University shall, as soon as practicable after the end of each academic year, submit to the Minister an annual report of the activities of the University during that year.

(2) The Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament.

Grant and acquisition of land for purposes of University

12.—(1) The President may by order grant to the University any State land for the purposes of the University subject to such restrictions, conditions and prohibitions relating to the use, occupation or disposition of the land as may be specified in the order.

(2) Where any immovable property, not being State land, is needed for the purpose of the University and cannot be acquired by agreement, the University may request and the President may if he thinks fit direct the acquisition of the immovable property; in such a case the immovable property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose, and any declaration required to be made under any such written law that the property is so needed may be made (notwithstanding that compensation is to be paid out of the funds of the University) and shall have effect as if it were a declaration that the land is needed for a public purpose made in accordance with that written law.

(3) Expenses and compensation in respect of any immovable property acquired under subsection (2) shall be paid by the University.

(4) All state land granted or immovable property acquired under this section shall vest in the University and an entry to that effect shall be made in the appropriate register by the appropriate registering authority.

Application of Societies Act to student bodies

13.—(1) Notwithstanding anything to the contrary in the Societies Act [Cap. 311], the provisions of that Act shall have effect in relation to the Nanyang Technological University Students’ Union and its constituent bodies constituted in accordance with the University Constitution.

(2) The Minister responsible for societies may, by order published in the Gazette, exempt the Nanyang Technological University Students’ Union and any of its constituent bodies from all or any of the provisions of the Societies Act [Cap. 311] subject to such conditions as may be specified in the order.

References in other written laws, etc.

14. In any written law, agreement, bequest, will, trust or other document, any reference to the Institute shall be construed as a reference to the University.

Rules

15.—(1) The Minister may make rules —

(a)	to provide for the removal of any difficulty which may arise by reason of the establishment of the University and the dissolution of the Institute; and
(b)	for the appointments of the Deans of the Schools of the University.

(2) Any rules made under subsection (1), shall have effect notwithstanding anything to the contrary in the University Constitution.

Savings and transitional provisions

16. The savings and transitional provisions contained in the Second Schedule shall have effect.

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