Hindu Endowments Bill

Bill No. 13/1968

Read the first time on 9th May 1968.

An Act to provide for the administration of Hindu religious and charitable endowments and to repeal the Muslim and Hindu Endowments Ordinance (Chapter 271 of the Revised Edition).

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

Short title and commencement

1. This Act may be cited as the Hindu Endowments Act, 1968, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act “endowment” means any endowment in land, building or money given or to be given for the support of any Hindu temple, or Hindu shrine or school or other Hindu pious, religious, charitable or beneficial purpose.

Constitution

3. There shall be constituted a Hindu Endowments Board (hereinafter in this Act referred to as “the Board”) which shall exercise the functions conferred on it by this Act.

Board to be a corporation

4.—(1) The Board shall be a body corporate having perpetual succession and a common seal, and the said seal may from time to time be broken, changed, altered and made anew as to the Board seems fit.

(2) The Board may sue and be sued in its corporate name.

Membership

5.—(1) The Board shall consist of —

(a)	a Chairman to be appointed by the Minister; and
(b)	six or more members to be appointed by the Minister.

(2) Subject to the provisions of this Act and unless the contrary intention appears in the instrument of appointment, the appointment of members under subsection (1) of this section shall be for a period of three years from the date thereof.

(3) The members of the Board shall be eligible for reappointment, but no member shall be appointed for more than two consecutive terms.

(4) No person shall be appointed a member of the Board under subsection (1) of this section unless he —

(a)	is a Hindu; and
(b)	is a citizen of Singapore.

(5) The members of the Board shall be deemed to be public servants for the purposes of the Penal Code (Cap. 119).

Secretary

6.—(1) The Secretary of the Board shall be a public officer and shall be appointed by the Minister.

(2) The Secretary of the Board shall convene and attend all meetings of the Board but shall not have the right to vote.

Appointments to be notified in Gazette

7. All appointments made under this Act shall be notified in the Gazette.

Determination of appointments

8. Without prejudice to the provisions of subsection (2) of section 5 and section 9 of this Act, the appointment of any member of the Board shall determine —

(a)	upon his death;
(b)	if he shall, by writing addressed to the Minister through the Secretary of the Board, resign such appointment;
(c)	if he shall be absent from Singapore, without written permission from the Chairman, for a period exceeding three months; or
(d)	if he shall be declared a bankrupt.

Revocation of appointment

9. The Minister may revoke the appointment of any member of the Board —

(a)	if his conduct, whether in connection with the duties of such appointment or otherwise, is in the opinion of the Minister such as to bring discredit upon the Board;
(b)	if for any reason he becomes unable properly to carry out the duties of his appointment;
(c)	if he shall, without due cause to be approved by the Chairman, absent himself from three successive meetings of the Board; or
(d)	if the Minister considers it desirable in the public interest to revoke the appointment.

Strangers at meetings

10.—(1) The Chairman may invite to any meeting of the Board any person who is not a member of the Board if the business before the meeting renders the presence of such person desirable.

(2) Any person so invited shall be entitled to take part in the proceedings of the Board, but shall not have the right to vote.

Chairman

11.—(1) The Chairman shall preside at all meetings of the Board.

(2) In his absence the Board may elect any other member to act as Chairman.

(3) The Chairman shall be entitled to vote. In the event of an equality of votes, the Chairman shall have a casting vote.

Quorum

12.—(1) No business, save that of adjournment, shall be transacted and no action or resolution of the Board shall be valid unless at least four members or one-third of the members whichever is the greater shall be present at the meeting.

(2) The Board may, subject to the provisions of subsection (1) of this section, act notwithstanding any vacancy in its membership.

Use of seal

13.—(1) The seal of the Board shall be kept in the custody of the Secretary of the Board.

(2) The seal shall be affixed in the presence of the Chairman and the Secretary of the Board who shall sign as witnesses.

Duties and powers of Secretary of the Board

14. Subject to such directions as may be given to him by the Chairman, the Secretary of the Board shall have charge of all correspondence and documents of the Board, including all books of account thereof and all title deeds and securities, and shall be responsible for the proper collection of, accounting for and disposal of all funds of the Board, and shall in all other respects carry out such duties as may be imposed upon him by this Act or allotted to him by direction of the Board.

Minutes

15.—(1) The Secretary of the Board shall keep minutes of all meetings of the Board and at every meeting the minutes of the previous meeting, which shall have been previously circulated to members of the Board, shall be confirmed, subject to any amendment which may be required.

(2) Such minutes shall be entered in the minute book of the Board and shall include a full record of every resolution of the Board.

(3) As soon as possible after every meeting of the Board a copy of the minutes shall be sent to the Minister. If on confirmation such minutes are amended, the Minister shall forthwith be informed of the amendments made.

Minister may order endowment to be administered by the Board

16. Whenever it appears to the Minister on the report of the Board that —

(a)	any endowment has been mismanaged;
(b)	there are no trustees appointed for the management of any endowment; or
(c)	it would be otherwise to the advantage of any endowment that the same should be administered by the Board,

the Minister may order that such endowment shall be administered by the Board.

Property to vest in Board

17.—(1) From the date of such order, all the property, both movable and immovable, which the trustees of such endowment, if legally appointed, would have been entitled to administer, shall be vested in the Board upon the trusts and for the intents and purposes to which such endowment is applicable.

(2) On or after the date of such order, the Board shall, by a statement in writing, under the seal of the Board, appended to a copy of the said order, specify any land which has become vested in the Board by virtue of the said order, and deliver such statement to the Registrar of Deeds.

(3) The Registrar of Deeds shall thereupon make such entry in the books of the registry as is sufficient to afford notice to persons searching the register that the land specified in the said statement is claimed to have become vested in the Board by virtue of the said order and of this section.

Board to appoint committee of management

18.—(1) For the purpose of the management of each such endowment or part thereof the Board shall, subject to the approval of the Minister, appoint a committee of management to act under the control of the Board.

(2) Every such committee shall consist of at least one member of the Board, and of not more than four other persons.

(3) The members of every such committee shall be appointed for a period of two years and shall be eligible for re-appointment, but no member shall be appointed for more than two consecutive terms.

(4) No person shall be appointed a member of such committee unless he —

(a)	is a Hindu; and
(b)	is a citizen of Singapore.

(5) The members of such committee shall be deemed to be public servants for the purposes of the Penal Code (Cap. 119).

(6) It shall be the duty of every such committee to inform the Board of all acts and things done by it.

(7) The Board may, subject to the approval of the Minister, remove any member of such committee and appoint another in his place.

General powers of Board

19. The Board shall have with respect to any such endowment all such powers as it would have had if it had been named as trustee in the instrument creating the endowment, and in any case may —

(a)

appoint and remove any employee of any such endowment;

(b)

receive and collect the income of the endowment;

(c)

expend such income —

(i)	in defraying the expenses of the management of the endowment and of the Board;
(ii)	in carrying out the purposes of the endowment; and

(d)

raise funds by means of voluntary subscriptions or contributions for the purposes of exercising its powers, performing its duties and discharging its obligations under this Act.

Power to require accounts from any trustee and others

20.—(1) The Board may at any time require written accounts and statements and answers to inquiries relating to any endowment or the property or income thereof to be rendered by any of the following persons: —

(a)	trustees or persons who are or have been at any time acting or concerned in the administration of the endowment or income or in the receipt or payment of any moneys thereof;
(b)	agents of any such trustees or persons;
(c)	persons having possession, custody or control of any funds or moneys of the endowment;
(d)	persons in the beneficial receipt of any funds thereof or of any income or stipend therefrom;
(e)	persons in the possession or occupation or management of any property thereof; and
(f)	persons having the possession, custody or control of any documents concerning the endowment or any property thereof.

(2) All such accounts, statements and answers shall be verified by the oath or affirmation of the person making the same, which the Secretary of the Board is hereby authorised to administer or take.

Power to require trustees and others to attend and be examined

21. The Board may require all or any of such trustees and persons as aforesaid to attend before it respectively at such times and places as are reasonably appointed, for the purpose of being examined in relation to the endowment, and to answer such questions as are proposed to them, and to produce upon such examination any documents in their custody or power relating to the endowment or the property thereof, and may examine upon oath or otherwise all such persons and all persons voluntarily attending and may administer such oath.

Penalty for non-compliance

22. Any person who refuses or wilfully neglects to comply with any requisition or order of the Board made under this Act, or destroys or withholds any document required to be produced or transmitted by him, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred dollars, and in the case of a continuing offence to a fine not exceeding one hundred dollars for every day during which the offence is continued after conviction.

Board to entertain application for advice

23.—(1) The Board shall consider all applications which are made to it by a trustee or other person having any concern in the management or administration of any endowment for its opinion or advice respecting such endowment or the management or administration thereof, or the estates, funds, property or income thereof, or any question or dispute relating to the same respectively, and may upon any such application give such opinion or advice as it thinks expedient.

(2) Such opinion or advice shall be in writing under the seal of the Board, and every trustee and other person who acts upon or in accordance with the opinion or advice given by the Board shall, in respect of so acting, be deemed and taken so far as respects his own responsibility to have acted in accordance with his trust.

(3) No judicial order or direction subsequently made or given by the High Court shall interfere with or impair the indemnity by this Act given to trustees and other persons who have acted upon or in accordance with such opinion or advice of the Board.

(4) Nothing herein shall extend to indemnify any trustee or other person for any act done in accordance with the opinion or advice of the Board, if such trustee or other person has been guilty of any fraud or of any wilful concealment or misrepresentation in obtaining such opinion or advice.

Notice of legal proceedings as to any endowment to be given to the Board

24.—(1) Before any legal proceeding for obtaining any relief, order or direction concerning or relating to any endowment or the estate, funds, property or income thereof is commenced or taken by any person, such person shall transmit to the Board notice in writing of such proposed proceeding, and such information as is requisite or proper or is required from time to time by the Board for explaining the nature and objects thereof.

(2) The Board may, if it thinks fit, by an order under its seal, authorize or direct any such proceeding to be commenced or taken with respect to such endowment either for the objects and in the manner specified or mentioned in such notice or for such other objects and in such manner and form and subject to such provisions for securing the endowment against liability to any costs or expenses, and to such other provisions for the protection or benefit of the endowment as the Board thinks proper.

(3) The Board may by such order as aforesaid require and direct that any proceeding so authorised by it in respect of any endowment shall be delayed during such period as seems proper, and every such order may be in such form as the Board thinks fit.

(4) Save as herein otherwise provided, no legal proceeding for obtaining any such relief, order or direction as aforesaid shall be entertained or proceeded with by the High Court or by any court or judge except upon and in conformity with an order of the Board.

(5) Nothing in this Act shall extend to or affect any legal proceeding in which any person claims any property or seeks any relief adversely to any endowment.

Power to compromise and adjust actions, etc

25.—(1) If in any case it appears to the Board that any claim or demand or cause of action against any person in relation to any endowment to which this Act applies, or against such endowment or against the trustees or administrators thereof, may with advantage to such endowment, or should under the special circumstances of the case, be compromised or adjusted without continuing any legal proceedings, the Board may make such order for and in relation to an agreement for such compromise and adjustment as it thinks fit.

(2) Upon due performance of the terms and conditions of such compromise or adjustment such agreement shall be a final bar to all proceedings in respect of the cause of action in respect of which such compromise or adjustment has been made.

Power to sanction improvements

26. Whenever it appears to the Board that any endowment administered by it would be benefited by —

(a)	letting any part of the lands or buildings thereof, other than any temple or the grounds thereof, on occupation or lease;
(b)	digging for or raising stone, clay, sand, gravel or other minerals;
(c)	cutting timber;
(d)	forming any new road or street;
(e)	making, renewing or improving any drains or sewers;
(f)	erecting new buildings;
(g)	the repair, alteration, extension, rebuilding or removal of any existing building;
(h)	making any improvements or alterations in the state or condition of the lands of such endowment;
(i)	the sale or exchange of any lands or buildings, other than any temple or the grounds thereof, belonging to such endowment,

the Board may grant any such lease or do any such act as aforesaid, although such leases or acts are not specifically authorised or permitted by the trusts of such endowment, and may apply any moneys belonging to the endowment for any of the purposes or acts aforesaid.

Annual report, accounts and audit

27.—(1) The Secretary of the Board shall keep or cause to be kept full and true accounts of all properties, funds, securities, investments and assets belonging to or arising out of the endowments administered by the Board and also of all moneys received and paid respectively on account of such endowments and shall as soon as possible after the 31st day of December of every year, but not later than the 30th day of September of the following year, prepare and submit to a meeting of the Board a report on the activities of the Board for the preceding year, together with a balance-sheet as at the 31st day of December, an income and expenditure account for the year and a list of properties and investments of each endowment showing their cost, if bought, and estimated value as at the 31st day of December.

(2) The said annual balance-sheet, income and expenditure account and list of properties and investments shall, prior to their submission to a meeting of the Board, be audited and certified as correct by an auditor to be appointed by the Board and approved by the Minister.

Publication of annual report and accounts

28. The Secretary of the Board shall, within fourteen days after the meeting of the Board referred to in subsection (2) of section 27 of this Act —

(a)

submit a copy of the said annual report and accounts to the Minister; and

(b)

cause a copy of such annual report and accounts —

(i)	to be published in the Gazette; and
(ii)	to be exhibited in all temples administered by the Board.

Power of Board to frame new scheme

29. Whenever it appears to the Board to be desirable that a scheme should be framed and approved for the application or management or change in the management of any endowment, or for the closing and winding up of any endowment, the Board may frame such scheme and submit it for the approval of the High Court in the manner and subject to the provisions hereinafter mentioned.

Filing of scheme and notice thereof

30.—(1) Every such scheme shall be filed in the High Court, together with a petition for the approval of such scheme by the Court, and notice thereof shall be given in such manner as the Board in each case considers proper or expedient for ensuring due publicity.

(2) Every such notice shall contain the substance of the proposed scheme and such particulars thereof as are deemed by the Board sufficient to show the nature thereof, and shall refer to some convenient place where a copy of the proposed scheme shall be deposited and may be inspected.

(3) Every such notice shall require any objections to such scheme to be stated or transmitted to the High Court within one month from the time when notice has been given.

Court may alter or modify or approve scheme

31.—(1) After the expiration of one month from the time when such notice was given such petition shall be heard on a day to be fixed by the Court.

(2) At the hearing of the petition the Court shall consider any objections so made as aforesaid, and may, if it thinks fit, alter or modify the scheme according to any such objections, and after all such objections have been made the Court may proceed to approve such scheme and to certify the same in the manner hereinafter mentioned.

Schemes when approved to be certified by the Court

32.—(1) Every scheme approved by the Court shall be certified by it, and for that purpose shall be embodied in a certificate to be made and signed by the Court.

(2) A copy of such certificate shall be exhibited at some convenient place in which the endowment in question is wholly or partially situate.

(3) From the date of such certificate the property and the funds of such endowment shall be applied, and such endowment shall be managed, in accordance with the scheme thereby certified.

Rules

33.—(1) The Minister, acting on the advice of the Board, may make such rules as seem to him necessary or expedient for the purpose of carrying out the provisions of this Act.

(2) Such rules shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Temples, etc., not to be used for political purposes

34. The Board or any committee of management shall not permit the temples administered by the Board or any part of any land or premises belonging to any endowment to be used for political purposes.

Repeal

35. The Muslim and Hindu Endowments Ordinance (Cap. 271) is hereby repealed.

Transfer and vesting of property vested in the Muslim and Hindu Endowments Board

36.—(1) Upon the coming into operation of this Act all property, movable and immovable, belonging to Hindu endowments, which were, immediately before the date of the coming into operation of this Act, vested in the Muslim and Hindu Endowments Board incorporated under the Muslim and Hindu Endowments Ordinance (Cap. 271) shall be transferred to and vest in the Board without further assurance upon the same tenure and subject to the same trust and conditions as upon which the same was previously held by the said Muslim and Hindu Endowments Board; and all rights vested in the said Muslim and Hindu Endowments Board immediately before the date of the coming into operation of this Act and all liabilities to which the said Muslim and Hindu Endowments Board were subject immediately before the date of the coming into operation of this Act in respect of the said property shall be transferred to and vest in the Board.

(2) Any reference in any written law, order of court, deed, contract, instrument or other documents whatsoever to the Muslim and Hindu Endowments Board incorporated under the Muslim and Hindu Endowments Ordinance in its capacity as trustee of Hindu endowments shall be construed as a reference to the Board and all rights, powers, obligations and duties conferred, imposed on, undertaken or incurred by the said Muslim and Hindu Endowments Board in such capacity under or by virtue of such written law, order of court, deed, contract, instrument or other documents shall be deemed to be conferred or imposed on or undertaken or incurred by the Board.

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