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National Stadium Corporation Bill

Bill No. 9/1971

Read the first time on 3rd August 1971.

An Act to establish a National Stadium Corporation and for purposes connected therewith.

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 National Stadium Corporation Act, 1971, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

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

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

“Corporation” means the National Stadium Corporation established under section 3 of this Act;

“financial year” means a period of twelve months, beginning on the 1st day of April, except that the period between the date of the coming into operation of this Act and the 31st day of March in the year following, inclusive, shall be deemed to be part of the following year;

“Fund” means the National Stadium Fund established by section 15 of this Act;

“member” means a member of the Corporation and includes the Chairman and the Deputy Chairman of the Corporation;

“National Stadium” means the National Stadium Complex to be established in accordance with the objects of the Corporation as set out in section 5 of this Act.

Establishment of the National Stadium Corporation

3.—(1) There shall be established in accordance with the provisions of this Act a body to be called the “National Stadium Corporation”.

(2) The Corporation shall be a body corporate with perpetual succession and a common seal with power to acquire, hold or dispose of property, both movable and immovable, to enter into contracts, to sue and be sued in its corporate name and to perform such other acts as bodies corporate may by law perform.

Constitution of the Corporation

4.—(1) The Corporation shall consist of —

(a)	a Chairman;
(b)	a Deputy Chairman;
(c)	an Executive Secretary; and
(d)	five other members,

all of whom shall be appointed by the Minister on such conditions as he may determine.

(2) The members of the Corporation shall, unless their appointment is revoked by the Minister under the provisions of subsection (3) of this section or unless they resign during their period of office, hold office for a period of three years or for such shorter period as the Minister may in any case determine.

(3) The Minister may at any time revoke the appointment of any member of the Corporation.

(4) If a vacancy occurs in the membership of the Corporation by death, resignation, revocation of appointment under subsection (3) of this section or for any other cause, the Minister shall appoint a person to fill the vacancy and any person so appointed shall hold office for so long as the member in whose place he is appointed would have held office.

(5) If for any reason the Chairman is absent or unable to act or the office of the Chairman is vacant, the Deputy Chairman may exercise all or any of the powers conferred, or perform all or any of the duties imposed, on the Chairman under this Act.

(6) The quorum at all meetings of the Corporation shall be four of whom one shall be the Chairman or the Deputy Chairman.

(7) A decision of the majority of the members of the Corporation present and voting at a meeting of the Corporation shall be deemed to be a decision of the Corporation.

(8) The Chairman or the person lawfully acting as Chairman at any meeting of the Corporation shall have an original as well as a casting vote.

(9) Subject to the provisions of this Act, the Corporation may make standing orders to regulate its own procedure, and, in particular, the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes, and the custody, production and inspection of such minutes.

Objects of the Corporation

5. The objects of the Corporation shall be —

(a)

to prepare and execute the proposals, plans and projects for —

(i)	the erection, construction, conversion, improvement and extension of the buildings, grounds, stadiums and other amenities which shall be comprised in the National Stadium;
(ii)	the installation, commissioning, setting up and maintenance of all equipment and all other related movable and immovable assets at the National Stadium;

(b)

to manage, control, supervise and operate the National Stadium; and

(c)

to maintain, upkeep and sustain the National Stadium and all other property of the Corporation.

Direction by the Minister

6.—(1) The Minister may give to the Corporation such directions, not inconsistent with the provisions of this Act, as he thinks fit as to the exercise and performance by the Corporation of its powers, functions and duties under this Act and the Corporation shall give effect to all such directions.

(2) The Corporation shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

Appointment of officers and servants

7.—(1) The Corporation may from time to time appoint and employ such officers and servants as may be necessary for the purposes of this Act and may from time to time dismiss them.

(2) All officers and servants of the Corporation shall be under the administrative control of the Corporation.

(3) The members of the Corporation and the employees thereof, of every description, shall be deemed to be public servants within the meaning of the Penal Code (Cap. 103, 1970 Ed).

Appointment of committees and delegation of powers

8.—(1) The Corporation may, in its discretion, appoint from among its own members or other persons who are not members of the Corporation such number of committees consisting of members or other persons for purposes which, in the opinion of the Corporation, would be better regulated and managed by means of such committees.

(2) The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee or the Chairman all or any of the powers, functions and duties by this Act vested in the Corporation, except the power to borrow money or to raise loans by the issue of bonds and debentures; and any power, function or duty so delegated may be exercised or performed by such committee or the Chairman in the name and on behalf of the Corporation.

(3) The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any employee thereof all or any of the Corporation’s powers, functions and duties by this Act vested in the Corporation, except the power to borrow money or to raise loans or advances; and any power, function or duty so delegated may be exercised or performed by such employee in the name and on behalf of the Corporation.

(4) The Corporation may continue to exercise any power conferred upon it, or perform any function or duty under this Act, notwithstanding the delegation of such power, function or duty under the provisions of this section.

Disclosure of interest

9.—(1) If a member is directly or indirectly interested in any contract, proposed contract or other matter and is present at a meeting of the Corporation, or any committee thereof, at which such contract, proposed contract, or other matter is the subject of consideration, he shall, at the meeting and as soon as practicable after the commencement thereof, disclose the fact, and shall not thereafter be present during the consideration or discussion of, and shall not vote on, any question with respect to such contract, proposed contract or matter.

(2) The provisions of subsection (1) of this section shall also apply to any member of a committee appointed in accordance with subsection (1) of section 8 of this Act when such member is present at a meeting of any committee.

Powers of the Corporation

10. The Corporation shall have power for the purpose of the furtherance and discharge of its objects under section 5 of this Act —

(a)	to prepare and execute a scheme or schemes for the use of the National Stadium whether by lease, rental, hire or other means;
(b)	to permit sporting events, exhibitions, cultural activities, musical shows, parades or any other form of activity to be held at the National Stadium upon such terms and conditions as the Corporation may think fit;
(c)	to assist other bodies, persons and Government departments to make use of the National Stadium; and
(d)	to participate in activities advantageous or necessary in order to further the objects of the Corporation.

Power to enter into contracts

11.—(1) The Corporation may enter into such contracts as are necessary for the discharge of its objects and to regulate the transactions of all its business in accordance with this Act.

(2) No matter or thing done and no contract of any kind entered into by the Corporation and no matter or thing done by any member of the Corporation or by any employee thereof or any other person whomsoever acting under the direction of the Corporation shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject any such member or employee or any person acting under the direction of the Corporation personally to any action, liability, claim or demand whatsoever in respect thereof.

(3) Any expense incurred by the Corporation or any member, employee or other person so acting under the direction of the Corporation in respect of the provisions of subsection (2) of this section, shall be borne by and repaid out of the funds of the Corporation.

Power to raise funds, receive donations, gifts, etc.

12. For the furtherance of its objects the Corporation may —

(a)	raise funds by all lawful means, including the proceeds from events staged by the Corporation or by other bodies and persons either at the National Stadium or elsewhere;
(b)	receive donations, contributions, subventions, grants and other forms of aid from all lawful sources and upon such terms and conditions as the Corporation may think fit;
(c)	accept gifts, legacies, other donations and contributions in kind; and
(d)	receive subventions and contributions from Singapore Pools (Private) Limited.

Borrowing powers

13.—(1) The Corporation may, from time to time, for the purposes of this Act raise loans —

(a)	from the Government; or
(b)	with the approval of the Minister and subject to the provisions of any written law, by any of the methods set out in section 14 of this Act.

(2) The Corporation shall pay interest on such loans at such rate and at such times, and shall make such provisions for the mode and time or times of repayment of principal as may be approved by the Minister.

(3) The Corporation may, from time to time, borrow by way of temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require —

(a)	for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or
(b)	for the purpose of defraying, pending the receipt of money due in respect of any loan authorised to be raised under the provisions of subsection (1) of this section, expenses intended to be defrayed by any such loan.

(4) For the purposes of subsection (1) of this section, the power to raise loans shall include the power to make any financial agreement whereby credit facilities are granted to the Corporation for the purchase of goods, materials or things.

Loans conditions

14. Where the Corporation is authorised to borrow money it may, subject to the approval of the Minister, raise the money either by —

(a)	mortgage; or
(b)	charge, whether legal or equitable, on any property vested in the Corporation or on any revenue receivable by the Corporation under this Act or any other written law; or
(c)	the creation and issue of debentures, stocks or bonds, and may, with the like approval, fix such rates of interest and such terms, conditions and periods to secure the repayment of the sums borrowed as it thinks fit.

National Stadium Fund

15.—(1) There shall be established a fund to be known as the “National Stadium Fund” (hereinafter in this Act referred to as “the Fund”) which shall be vested in the Corporation and which shall consist of —

(a)	subventions or contributions made to the Fund by the Singapore Pools (Private) Limited;
(b)	any donations or contributions made to the Fund by any other body or person;
(c)	loans or grants made to the Fund by the Government;
(d)	loans, advances or overdrafts made to the Fund by any bank or any body or person; and
(e)	any moneys accruing to the Corporation in the course of the discharge of its objects.

(2) The moneys and property of the Corporation howsoever derived shall be applied solely for the purpose of making payments in or in connection with the performance of its functions, powers and duties under this Act, and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to its members.

(3) Any moneys of the Corporation not immediately required for the purposes of the Corporation may be invested in such a manner as may be authorised by the Minister.

Annual financial statement

16.—(1) The Corporation shall at the end of every financial year transmit to the Minister a statement showing —

(a)	the amount of any loan outstanding at the end of such financial year; and
(b)	the amount standing to the credit of any sinking fund formed for the purpose of repayment of any loan and the manner in which such amount is for the time being invested.

(2) The annual statement referred to in subsection (1) of this section shall be published in the Gazette.

Budget

17. The Corporation shall in every financial year cause to be prepared in a form to be approved by the Minister a budget to be forwarded to the Minister not later than the 15th day of November containing estimates of income and expenditure of the Corporation for the ensuing financial year —

(a)	on capital account;
(b)	relating to the management and maintenance of the National Stadium and all other property of the Corporation; and
(c)	relating to the execution of its powers, functions and duties.

Approval of budget by Minister

18.—(1) The Minister may approve or disallow any item or portion of any item shown in the budget, and shall return the budget as amended by him to the Chairman.

(2) The budget as approved by the Minister shall be published in the Gazette and the Corporation shall be bound thereby.

Supplemental budgets

19.—(1) The Corporation may at any time cause to be prepared a supplemental budget to provide, subject to the provisions of paragraph (c) of subsection (2) of section 25 of this Act, for unforeseen or urgently required expenditure containing —

(a)	a revised estimate of the income for the current financial year;
(b)	a revised estimate of the expenditure for the current financial year; and
(c)	a statement showing how provision is therein made to meet additional expenditure.

(2) A supplemental budget shall be dealt with in the manner provided in section 17 of this Act for the annual budget.

Accounts

20.—(1) The accounts of the Corporation shall be kept by a Financial Officer appointed by and responsible to the Corporation.

(2) All such accounts shall be made up yearly to the 31st day of March and shall be submitted for audit not later than the 31st day of July in every financial year.

Appointment and powers of auditors

21.—(1) The Minister shall appoint for every year an auditor of the Corporation’s accounts who shall maintain and keep a continuous audit of the accounts during such financial year.

(2) The auditor shall be paid such renumeration as the Minister may from time to time determine.

(3) For the purpose of any audit of accounts under this Act, the auditor may by notice in writing require the production before him of any book, deed, contract, account, voucher or other document which he may deem necessary and may require any person holding or accountable for any such document to appear before him and make and sign a declaration with respect thereto and may require from any person such information or explanation as he deems necessary.

(4) Any person who, being required by the auditor under subsection (3) of this section to produce any document or to appear before him and make and sign a declaration or to furnish information or explanation, fails without reasonable excuse to comply with such requisition, shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two hundred dollars, and to a further fine not exceeding fifty dollars for every day during which the offence is continued after conviction.

Reports by auditor

22. The auditor shall, not later than the 30th day of September next following the end of the financial year in respect of which he is appointed, send to the Corporation and to the Minister a report of his audit and may also submit such periodical and special reports as may to him appear necessary.

Annual statement of accounts

23.—(1) The Corporation shall, not later than the 31st day of October in every financial year, forward to the Minister a statement of accounts showing the income and expenditure on account of the Fund in the previous year and a balance-sheet, signed by the Chairman and the financial officer of the Corporation and certified by the auditor.

(2) The annual statement and the balance-sheet referred to in subsection (1) of this section shall be published in the Gazette.

Bank account

24.—(1) All moneys paid to the Corporation shall forthwith be paid into such bank or banks as may from time to time be decided by the Corporation to the credit of the Fund. The Fund shall include a Capital Account and a General Account.

(2) The Capital Account shall include particulars of the expenditure of moneys provided by the Singapore Pools (Private) Limited and by the raising of loans for the construction and erection of the Stadium and the purchase of other fixed assets.

(3) The General Account shall contain —

(a)

on the income side —

(i)	the proceeds of rents from the National Stadium and all other property owned by the Corporation;
(ii)	contributions from bodies or persons and income from other miscellaneous sources; and
(iii)	grants from Government by way of subsidy; and

(b)

on the expenditure side —

(i)	the cost of administration of the Corporation;
(ii)	the cost of designing and supervising the erection of new buildings;
(iii)	the cost of managing the National Stadium and other property owned by the Corporation;
(iv)	contributions to the Government in respect of property tax, and payments in respect of conservancy and service charges;
(v)	the cost of maintenance of buildings and other fixed assets;
(vi)	contributions for building repairs;
(vii)	the payments of interest and repayments of principal on loans; and
(viii)	any other expenditure properly chargeable in the opinion of the Corporation to such account.

Payments to be made in accordance with budget

25.—(1) No payment shall be made out of the Fund unless the expenditure of the same is covered by an item in a budget and a sufficient balance for such item is available.

(2) Notwithstanding the absence of such provision, the Corporation may pay —

(a)	sums deposited by contractors or other persons whenever by the conditions of such deposit any such sum has become payable;
(b)	sums collected and credited to the funds of the Corporation in error;
(c)	any expenditure incurred to secure the proper execution of the powers, functions and duties of the Corporation under this Act which in the opinion of the Corporation cannot be postponed.

(3) Provision shall be made in a supplemental budget for any payment made under paragraph (c) of subsection (2) of this section.

Transfer of sums from one item to another

26. Notwithstanding any of the provisions of this Act, the Corporation may transfer all or any part of moneys assigned to one item of expenditure to another item under the same head of expenditure in a budget approved by the Minister.

Annual report

27. The Corporation shall, as soon as may be practicable after the 1st day of April in every financial year prepare a report of its operations in the preceding year and shall send a copy of such report to the Minister who shall present a copy of every such report to Parliament.

Regulations

28.—(1) The Corporation may, subject to the approval of the Minister, make such regulations as it may consider necessary or desirable for the proper conduct of its powers, functions and duties including, without prejudice to the generality of the foregoing, regulations with regard to any of the following matters: —

(a)	the provision of a common seal and the custody and use thereof;
(b)	the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Corporation;
(c)	the manner and terms to regulate the use of the National Stadium and other property of the Corporation; and
(d)	the fees or other charges to be levied for the use of the National Stadium or part thereof.

(2) All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Exemption from stamp duty and income tax

29. The Corporation shall be exempt from the payment of stamp duty and income tax under any written law for the time being in force relating to stamp duties or income tax.

Gifts to the Fund to be exempt from income tax

30. The Fund shall be deemed to be an institution of a public character approved by the Minister for Finance for the purpose of paragraph (c) of subsection (2) of section 37 of the Income Tax Act (Cap. 141, 1970 Ed).

Winding up

31. The Corporation shall not be wound up except by or under the authority of an Act.

Amendment of National Sports Promotion Board Act, 1970

32. Paragraph (e) of subsection (1) of section 5 of the National Sports Promotion Board Act, 1970 (Act 47 of 1970), is hereby amended by inserting immediately after the word “Minister” appearing therein the words “other than those in the National Stadium Complex”.