Singapore Management University Bill

Bill No. 8/2000

Read the first time on 17th January 2000.
An Act to provide for certain matters relating to the operation of a university known as the Singapore Management University.
Whereas a company limited by guarantee has been incorporated under the Companies Act (Cap. 50) by the name “Singapore Management University” having as its objects the establishment, operation, maintenance and promotion of a university in Singapore under the name and style “Singapore Management University”.
And whereas it is desirable that statutory provision be made in relation to the operation of the Singapore Management University and certain of the powers of the company.
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 Singapore Management University Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2.  In this Act, unless the context otherwise requires —
“Board” means the Board of Trustees of the university company referred to in its constituent documents;
“constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company;
“university company” means the company limited by guarantee incorporated under the Companies Act (Cap. 50) on 12th January 2000 under the name Singapore Management University.
Function of university company
3.  The function of the university company is to pursue, within the limits of the financial resources available to it, the objects provided by its constituent documents and, in particular, the university company may confer and award degrees, diplomas and certificates, including honorary degrees and other distinctions.
Appointment to Board
4.—(1)  The Board shall consist of such number of trustees as the Minister may, in his discretion, appoint.
(2)  The Minister may, at any time, remove or replace any trustee and appoint new or additional trustees to the Board.
Consent of Minister
5.—(1)  The prior written consent of the Minister is required for —
(a)the admission of any person as a member of the university company;
(b)the disposal of the whole or substantially the whole of the university company’s undertaking or property;
(c)the voluntary winding-up of the university company; and
(d)the addition, deletion or alteration of any provision of the constituent documents of the university company.
(2)  The requirement under subsection (1) is in addition to the requirements prescribed by the Companies Act (Cap. 50) in respect of the matters referred to in subsection (1)(a) to (d).
(3)  Any act done or agreement made in contravention of subsection (1) shall have no effect and be unenforceable at law.
Provision of funds
6.—(1)  The Minister shall pay to the university company such moneys as may be provided by Parliament from time to time for the funding of the university company.
(2)  All moneys paid to the university company under subsection (1) shall only be applied or expended by the university company for such of the objects provided by its constituent documents as the Minister may allow.
Access to accounts
7.—(1)  The Minister or any person authorised by him is 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 company.
(2)  The Minister 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 he considers necessary for ascertaining —
(a)whether moneys paid to the university company under section 6 were applied or expended in accordance with that section; and
(b)such other matters as he considers necessary.
(3)  Any person who fails, without reasonable excuse, to comply with any requirement of the Minister or any person authorised by him under subsection (2) or who otherwise hinders, obstructs or delays the Minister or any person authorised by him in the performance of his duties or in the exercise of his powers under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Application of Societies Act to student bodies
8.—(1)  Notwithstanding anything to the contrary in the Societies Act (Cap. 311), the provisions of that Act shall have effect in relation to any student body constituted pursuant to the provisions of the constituent documents of the university company.
(2)  The Minister responsible for societies may, by order published in the Gazette, exempt any student body referred to in subsection (1) from all or any of the provisions of the Societies Act subject to such conditions as may be specified in the order.
Act to prevail over constituent documents, etc.
9.—(1)  Any provision of the constituent documents, or any regulation of the university company made in pursuance thereof, that is inconsistent with this Act shall, to the extent of the inconsistency, be void.
(2)  Nothing in this Act shall be construed to excuse or exempt the university company from complying with any written law that, apart from this Act, would apply to the university company.