Institute of Southeast Asian Studies Bill

Bill No. 10/1968

Read the first time on 9th May 1968.

An Act to provide for the establishment of the Institute of Southeast Asian Studies and for matters connected therewith.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title

1. This Act may be cited as the Institute of Southeast Asian Studies Act, 1968.

Interpretation

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

“Board” means the Board of Trustees of the Institute of Southeast Asian Studies constituted under the provisions of section 4 of this Act;

“Chairman” means the Chairman of the Board appointed under section 4 of this Act;

“Director” means the Director of the Institute appointed under section 12 of this Act;

“regulations” means regulations made by the Executive Committee under the provisions of section 14 of this Act.

Establishment of the Institute

3. For the promotion of research on Southeast Asia and on all matters appertaining to Southeast Asia, there shall be established an Institute to be styled “the Institute of Southeast Asian Studies” (hereinafter in this Act referred to as “the Institute”).

Constitution of the Board of Trustees

4.—(1) There shall be constituted a Board to be known as “the Board of Trustees of the Institute of Southeast Asian Studies”, which shall be a body corporate having perpetual succession and a common seal and which may sue and be sued in its corporate name.

(2) The Board shall consist of a Chairman and a Deputy Chairman to be appointed by the President and twenty-one other members appointed as follows: —

(a)	four persons to be appointed by the President;
(b)	four persons, one each to be appointed by the Singapore International Chamber of Commerce, the Chinese Chamber of Commerce, the Indian Chamber of Commerce and the Malay Chamber of Commerce, respectively;
(c)	two persons, one each to be appointed by the Lee Foundation and the Shaw Foundation, respectively;
(d)	five persons to be appointed by the Vice-Chancellor of the University of Singapore;
(e)	three persons to be appointed by the Vice-Chancellor of the Nanyang University; and
(f)	three persons to be appointed by the President from among persons nominated by such professional bodies and organisations as the President may consult.

(3) The Director shall be an ex-officio member of the Board.

(4) The Chairman, the Deputy Chairman, and other members appointed by the President under subsection (2) of this section shall, unless the President otherwise directs, hold office for a period of up to three years and shall be eligible for re-appointment:

Provided that the President may at any time revoke such appointment.

(5) The members appointed, otherwise than by the President, under subsection (2) of this section shall, unless the President otherwise directs, hold office for a period of three years and shall be eligible for re-appointment:

Provided that the person or body appointing such member may at any time revoke such appointment.

(6) Any member of the Board may resign from the Board by giving notice in writing to that effect addressed to the Chairman and as from the date of receipt by the Chairman of such notice such member shall cease to be a member.

(7) If the Chairman is absent from any meeting of the Board, the Deputy Chairman shall act as Chairman of the meeting.

(8) The Board may grant leave of absence to any member of the Board.

(9) Any member absenting himself from four consecutive meetinas of the Board without having obtained leave of absence from the Board shall be considered as having resigned from the Board.

(10) If a vacancy occurs in the membership of the Board by death, resignation, revocation of appointment or otherwise the vacancy shall be filled by the authority by whom the member in respect of whom the vacancy occurs was appointed, save that any person so appointed shall hold office for so long as the member in whose place he is appointed would have held office.

(11) The Board shall meet at least once a year.

Powers of the Board

5. The Board shall have power —

(a)	to receive and approve the annual report and accounts of the Institute;
(b)	to approve the budget and research programme of the Institute;
(c)	to set up endowment funds and other funds for a specific purpose or purposes; and
(d)	generally to do all such matters and things as may be incidental to or consequential upon the exercise of its powers or the discharge of its functions under this Act.

Quorum

6.—(1) Every question before the Board at any meeting shall be decided by a majority of the votes of the members present.

(2) Seven members of the Board shall constitute a quorum at any meeting.

(3) The chairman at any meeting shall have an original vote and, in the case of an equality of votes, shall have a casting vote.

Secretary of the Board

7.—(1) The Executive Secretary of the Institute shall be the Secretary of the Board, and shall attend all meetings thereof unless excused for good cause by the Chairman.

(2) In the absence of the Secretary, the Chairman may appoint a suitable person to act as clerk for a particular meeting.

Power of the Board to enter into contracts and to hold property

8.—(1) The Board may enter into such contracts as may be necessary or expedient for carrying into effect the provisions of this Act.

(2) The Board may acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purposes may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired.

Power of the Board to borrow and invest

9.—(1) The Board may borrow at interest on the security of any movable or immovable property of the Board, such monies as it may from time to time think it necessary or expedient.

(2) The Board may invest the funds of the Board in such manner and to such extent as it may think it necessary or expedient.

(3) The Board may do all or any thing incidental or appertaining to a body corporate.

Use of common seal

10. The common seal of the Board shall be in the custody of the Director. It shall not be affixed to any instrument except in the presence of the Chairman or a member of the Board designated by the Chairman and the Director or a member of the Executive Committee designated by the Director, and not until the Chairman or the member of the Board and the Director or the member of the Executive Committee have signed their names to such instrument in token of their presence.

Grants-in-aid and accounts of the Institute

11.—(1) The Minister may from time to time authorise the payment of grants-in-aid to the Institute.

(2) All monies provided for under subsection (1) of this section may be applied or expended by the Institute for all or any of the purposes of the Institute.

(3) A copy of the accounts of the Institute for each financial year when prepared and audited in accordance with the provisions of the rules made under this Act shall as soon as practicable after the completion of the audit be submitted to the Board for approval before being sent to the Minister.

Appointment, powers and duties of Director

12.—(1) There shall be a Director of the Institute who shall be appointed by the Board on such terms and conditions as the Board may determine.

(2) The Director shall be the chief administrative and academic officer of the Institute and shall be responsible for —

(a)	the proper administration of the Institute in accordance with the policy of the Board;
(b)	the academic and research management of the Institute in accordance with the policy of the Board;
(c)	the proper enforcement of regulations made by the Executive Committee; and
(d)	the discipline of the fellows of the Institute,

and for such purposes the Director shall have, subject to the provisions of this Act, all such powers as are necessary and advantageous and proper.

Constitution of the Executive Committee

13.—(1) The Board shall appoint an Executive Committee for the carrying out of the objects of this Act or any part thereof as it may deem necessary.

(2) The Executive Committee shall consist of —

(a)	the Director, who shall be the Chairman of the Executive Committee;
(b)	three members to be appointed by the Board from among the members of the Board;
(c)	three members to be appointed by the Minister; and
(d)	three members to be appointed by the Director from among the staff of the Institute.

(3) The Chairman may, in consultation with the Director, appoint a member of the Executive Committee to preside at meetings of the Executive Committee in the absence of the Director.

(4) Five members of the Committee shall form a quorum at any meeting.

Powers of the Executive Committee

14.—(1) It shall be the duty of the Executive Committee, in the exercise of its powers and in the performance of its functions, to act in such manner as appears to it best calculated to promote the aims and interests of the Institute.

(2) The functions of the Executive Committee shall include the carrying on of all such activities and the doing of all such things as are necessary or advantageous and proper for the government, control and general administration of the Institute and of the assets of the Institute and, without prejudice to the generality of the foregoing, shall include —

(a)

the authorisation of the appropriate and necessary expenditure within the funds available to the Institute;

(b)

the preparation of an annual report on the working of the Institute and the preparation of the annual estimates and of such annual statements of account as are required by this Act or by any rules made thereunder;

(c)

the appointment of the senior research staff and the senior administrative staff of the Institute and the appointment of such advisers as the Director may consider necessary or desirable;

(d)

the making, subject to the approval of the Board, of regulations relating generally to the academic management of the Institute and in particular to —

(i)	the qualifications necessary for entrance to the Institute, the duration and number of the Institute terms, the award of certificates and diplomas to the fellows of the Institute and the revocation of any certificates or diplomas so awarded;
(ii)	the institution of other posts and offices and appointments thereto;
(iii)	the establishment of an Institute printing press and the publishing of books and other publications;
(iv)	the erection, equipment and maintenance of libraries, laboratories, museums, lecture halls and all other buildings required for the purposes of the Institute whether in Singapore or elsewhere;
(v)	the institution and award of fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance towards the advancement and dissemination of knowledge on Southeast Asia;
(vi)	the relationship between the Institute on the one hand and schools, colleges, universities and other academic institutions, both in Singapore and abroad, on the other; and
(vii)	the fees to be payable at the Institute;

(e)

the making of regulations relating to —

(i)	the procedure in regard to meetings of the Executive Committee and of any committee duly appointed by it under the provisions of this Act;
(ii)	the setting up, membership and functions of advisory committees and the procedure in regard to the meetings of such advisory committees; and
(iii)	the powers and functions of the officers of the Institute and of any committee duly appointed by it under the provisions of this Act;

(f)

the provision of pensions, superannuation or provident fund schemes for the benefit of the Institute’s employees or any section of such employees and the making of arrangements for the establishment of such schemes;

(g)

the provision and regulation of residence for officers, staff and fellows of the Institute and the welfare and discipline of staff and fellows; and

(h)

the demand and receipt of such fees as may from time to time be prescribed by regulations.

(3) The Executive Committee may appoint from among their own number such and so many committees either of a general or special nature and consisting of such number of persons as the Executive Committee may think fit for any purposes which in the opinion of the Executive Committee would be better regulated by such committees. The proceedings of every such committee shall be recorded in writing and shall be open to inspection to any member of the Executive Committee or any member of the committee at any time.

(4) Any committee shall have full power to act on any resolution passed by it within the scope of the power delegated to it by the Executive Committee under the provisions of subsection (3) of this section and all decisions of the committee shall be reported to the Executive Committee.

Power to make rules

15.—(1) The Minister may make such rules as may be necessary.

(2) In particular and without prejudice to the generality of subsection (1) of this section, such rules may provide for all or any of the following matters, namely: —

(a)	the powers and functions of the Board;
(b)	the preparation, audit and submission to the Minister of estimates, budgets, accounts and other information pertaining to the Institute; and
(c)	the terms and conditions of transfer to the Institute of holders of pensionable appointments in the public service.

(3) All such rules shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Power of the Board to accept gifts

16.—(1) The Board may on behalf of the Institute accept by way of grant, gift, testamentary disposition or otherwise, property and moneys in aid of the finances of the Institute on such conditions as it may determine.

(2) Registers shall be kept of all donations to the Institute, including the names of donors and any special conditions on which any donation may have been given.

(3) All property, moneys or funds donated for any specific purposes, shall be applied and administered in accordance with the purposes for which they have been donated and shall be separately accounted for.

Gifts to the Institute to be exempt from income tax

17. The Institute shall be deemed to be an institution of a public character approved by the Minister for Finance for the purposes of paragraph (c) of subsection (2) of section 37 of the Income Tax Ordinance (Cap. 166).

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