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University of Singapore Ordinance

Bill No. 155/1961

Read the first time on 20th November 1961.

An Ordinance to provide for the establishment and incorporation of the University of Singapore and for matters connected therewith.

Whereas following agreement between the Governments of Singapore and of the Federation of Malaya an Institution known as “the University of Malaya” was established and incorporated on the 8th day of October, 1949, by the University of Malaya Ordinance (Cap. 205) as well as under the law of the Federation of Malaya for the promotion of Learning, Arts, Science and Research, the provision of higher education and the conferring of degrees within the territories comprised in Singapore and the Federation of Malaya:

And whereas such University was constituted in accordance with and possessed and exercised all the rights, privileges and powers conferred and performed all the duties imposed upon it by the Constitution set out in the Schedule to the said Ordinance and its Officers and Authorities were appointed or constituted in accordance with and possessed and exercised all the rights, privileges and powers conferred and performed all the duties imposed upon them by such Constitution:

And whereas after the establishment and incorporation of the said University it was further agreed between the aforesaid Governments that the said University should be divided into Divisions, one for each of the territories comprised in Singapore and the Federation of Malaya, to be known as “the University of Malaya in Singapore” and “the University of Malaya in Kuala Lumpur” and the said Divisions were, on the 15th day of January 1959, established and consequential amendments were made to the said Constitution of the said University to give effect to such establishment:

And whereas it has now been agreed between the Governments of Singapore and of the Federation of Malaya that it would be to the best interest of their respective territories that there should be established a separate autonomous University in each of their respective territories.

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and commencement

1. This Ordinance may be cited as the University of Singapore Ordinance, 1961, and shall come into operation on such date as the Minister may by notification in the Gazette appoint.

Interpretation

2. In this Ordinance —

“Act, Authority, officer, regulation, staff and Statute” respectively have the same meaning as in the Constitution;

“appointed day” means the date appointed by the Minister under section 1 of this Ordinance;

“Constitution” means the Constitution of the University contained in the Schedule to this Ordinance;

“provident scheme” means any provident scheme established by the University under the provisions of the Constitution or any such provident scheme continued in force by any rules made under the University of Malaya Ordinance or any provident scheme established by the University of Malaya under the provisions of the Constitution contained in the Schedule to the University of Malaya Ordinance;

“University” means the University of Singapore established and incorporated by this Ordinance;

“University of Malaya” and “University of Malaya in Singapore” respectively mean the University of Malaya and the Division of the University of Malaya known as the University of Malaya in Singapore established by the University of Malaya Ordinance.

Constitution of University of Singapore to have the force of law

3. The provisions of the Constitution shall, upon the coming into operation of this Ordinance, take effect and have the force of law within Singapore.

University to keep office as an address for service

4.—(1) The University shall keep and maintain an office which shall be its address for service for all writs, plaints, notices, pleadings, orders, summonses, warrants or other written communications of any kind.

(2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other written communication shall, if left at such office kept and maintained under subsection (1) of this section, be deemed to be duly served upon or delivered to the University or such officer or Authority to whom they may have been addressed in all proceedings before any court in Singapore.

Copies of Statutes, etc., to be kept at office of University

5. The University shall keep at the office referred to in subsection (1) of section 4 of this Ordinance a copy of each Statute, Act, regulation or other document required to be published under this Ordinance, and shall keep the same available at all reasonable hours for inspection by the public, and where any books, or copies of documents are under this Ordinance required to be made available for purchase by the public, such books or copies of documents shall be made available for purchase at such office or at such other place within Singapore as the University may think fit.

Grants-in-aid and accounts of the University

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

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

(3) A copy of the accounts of the University for each financial year when prepared and audited in accordance with the Constitution shall as soon as practicable after the completion of the audit be sent to the Minister for Finance.

Grant and acquisition of land for purposes of the University

7.—(1) The Yang di-Pertuan Negara may by order grant to the University for the purposes of the University and subject to such restrictions, conditions and prohibitions of any nature relating to use, occupation or disposition as may be specified in such order any Crown land.

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

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

(4) All Crown 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.

Vesting of property

8. Subject to the provisions of the Constitution all property, movable and immovable in Singapore, which was immediately before the appointed day vested in or held in trust for the University of Malaya or the University of Malaya in Singapore shall be and is hereby vested in or held in trust for the University, which shall hold the same or shall be entitled to the beneficial interest in the same subject to the same trusts, terms and conditions upon which the same was previously held by the University of Malaya and the University of Malaya in Singapore or either of them or subject to which the University of Malaya and the University of Malaya in Singapore or either of them were beneficially interested therein.

Protection of benefits under provident schemes

9. The following provisions shall apply to any provident scheme of the University —

(a)	no assurance on the life of any contributor under any such provident scheme, and no moneys or other benefits received under any such assurance or in any other manner under any such provident scheme shall be assignable or transferable or liable to be taken in execution or otherwise garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever against the contributor or his estate other than a debt due to the University from any member of the staff or unless the University in its discretion shall have assigned such assurance, moneys or other benefits to the contributor for his absolute use and benefit or in the case of his death, to his legal personal representative;
(b)	subject to any discretionary trust or powers as to the application thereof vested by any Act or rules relating thereto in the University or other person administering such provident scheme, all moneys and benefits arising from any such provident scheme shall be deemed to be impressed with a trust in favour of the objects entitled thereto under the will or intestacy of any deceased contributor;
(c)	no donation or contribution to a fund established under any such provident scheme or interest thereon shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the University;
(d)	no such donation or contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of such contributor but if such contributor is adjudicated a bankrupt or is declared insolvent by a court such donation or contribution or interest shall, subject to the provisions of this Ordinance and of the Constitution and of any Act or rules relating thereto, be deemed to be impressed with a trust in favour of the persons entitled thereto on the death of the contributor;
(e)	the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any Act or rules relating thereto but such deductions shall continue to be made notwithstanding the provisions of any written law and the portion of salary so deducted shall not be deemed to form part of his after acquired property; and
(f)	subject to the provisions of any Act or rules relating thereto all moneys payable or paid out of any fund established under a provident scheme on the death of a contributor shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor or under a nomination in such form as may be prescribed under such provident scheme but shall not be deemed to form part of his estate or be subject to the payment of his debts.

Rules relating to transitional provisions

10.—(1) The Yang di-Pertuan Negara may make rules generally for the purposes of this Ordinance and may in such rules —

(a)	provide for the continuance in force of any provident schemes established under or continued by the University of Malaya Ordinance or for the merging of any such provident scheme in any new provident scheme established by the University under the powers contained in the Constitution and impose upon the University all or any of the obligations or duties in respect of such provident schemes undertaken by the Central Council of the University of Malaya or the Divisional Council of the University of Malaya in Singapore;
(b)	provide for the administration by the University of any trust heretofore administered by or on behalf of the Central Council of the University of Malaya or the Divisional Council of the University of Malaya in Singapore and make such modifications in such trust as may be rendered necessary by the transfer of such administration to the University;
(c)	provide for the transfer of any right, privilege or power of whatever nature from the Central Council of the University of Malaya or the Divisional Council of the University of Malaya in Singapore or either of them to the University and for the performance and fulfilment by the University of any duty or obligation imposed on or binding on such Councils or either of them whether such rights, privileges, powers, duties or obligations arise or would but for this Ordinance have arisen under any written law or any deed, will or other written instrument;
(d)	exempt from the provisions of section 12 of the Registration of Deeds Ordinance (Cap. 255) any instrument purporting to have been executed under the provisions of section 39 of the Constitution; and
(e)	generally make such provisions as may be necessary by reason of the establishment of the University.

(2) All rules made under this Ordinance shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of one month from the date when such rules are so presented annulling the rules or any part thereof as from a specified date, such rules or such part thereof as the case may be shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.

Power to make minor amendments of existing laws

11.—(1) The Yang di-Pertuan Negara may by order make such amendments, modifications and adaptations of existing laws as may appear necessary or expedient for the transfer to any officer, teacher or staff of or other person associated with the University of any function vested in any officer, teacher or staff of or other person associated with the Raffles College or the King Edward VII College of Medicine and for conferring on any holder of a degree or diploma of the University privileges similar to those conferred by any such written law on the holder of any similar or corresponding diploma of either of such Colleges.

(2) For the purposes of this section the expression “existing laws” means the written laws in operation on the appointed day.

Exemption from estate duty

12. No estate duty shall be payable in respect of the amount of any bequest to the University and the value of the property passing on the death of a deceased shall be deemed not to include the amount of such bequest for the purpose of fixing the rate of estate duty.

Gifts to the University exempt from income tax

13. The University 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).

Repeal and saving

14.—(1) The University of Malaya Ordinance (Cap. 205) is hereby repealed.

(2) Notwithstanding the repeal of the said Ordinance the Divisional Council of the University of Malaya in Singapore as constituted by the said repealed Ordinance shall continue to exist subject to the provisions of the Constitution.