Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831925494.pdf (Singapore)
Singapore University of Technology and Design Bill Bill No.

9/2011.

Read the first time on 1st March 2011.

SINGAPORE UNIVERSITY OF TECHNOLOGY AND DESIGN ACT 2011 (No.

of 2011) ARRANGEMENT OF SECTIONS Section 1.

Short title and commencement 2.

Interpretation 3.

Function of university company 4.

Accountability and evaluation 5.

Directions in respect of policies on higher education in Singapore 6.

Appointment to Board 7.

Consent of Minister 8.

Provision of funds 9.


Access to accounts and summary of financial statements 10.

Application of Societies Act to student bodies 11.

Act to prevail over constituent documents, etc.

12.
12.

Consequential amendment to Private Education Act 2009 A BILL i n t i t u l e d An Act to provide for certain matters relating to the operation of a university known as the Singapore University of Technology and Design and to make a consequential amendment to the Private Education Act 2009 (Act 21 of 2009).

Whereas a company limited by guarantee has been incorporated under the Companies Act (Cap.
50) by the name “Singapore University of Technology and Design” having as its objects the establishment, operation, maintenance and promotion of a university in Singapore under the name and style “Singapore University of Technology and Design”.

And whereas it is desirable that statutory provision be made in relation to the operation of the Singapore University of Technology and Design 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 2 1.

This Act may be cited as the Singapore University of Technology and Design Act 2011 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

5 Interpretation 2.
5 Interpretation 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; 10 “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 24th July 2009 under the name Singapore University of Technology and Design.

15 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.
Accountability and evaluation 4.—(1) The university company shall comply with the accountability framework set out by way of any agreement in writing between the university company and the Minister or any person authorised by him.

(2) The university company shall evaluate the performance of its activities in accordance with such quality assurance framework as the Minister may determine.
(3) The university company shall participate in the evaluation of its activities by such external review panel as may be commissioned by the Minister from time to time.

20 25 30 3 Directions in respect of policies on higher education in Singapore 5.—(1) The Minister may, in consultation with the university company, establish such policies on higher education in Singapore as the Minister thinks fit and may direct the university company to implement such policies.
5 (2) The university company shall comply with any direction given by the Minister under subsection (1).

Appointment to Board 6.—(1) The Board shall consist of such number of trustees as the 10 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 7.—(1) The prior written consent of the Minister is required for — 15 (a) the admission of any person as a member of the university company and the removal of any such member; (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; 20 (d) the addition, deletion or alteration of any provision of the constituent documents of the university company; and (e) the removal of any trustee from the Board.
(2) The requirements under subsection (1) shall apply in addition to the requirements prescribed by the Companies Act (Cap.

50) in respect of the matters referred to in paragraphs (a) to (e) of that subsection.

(3) Any act done or agreement made in contravention of subsection (1) shall have no effect and be unenforceable at law.
Provision of funds 8.—(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.

25 30 4 (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.
5 Access to accounts and summary of financial statements 9.—(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 8 were applied or expended in accordance with that section; and (b) such other matters as he considers necessary.
(3) The university company shall make available to the public, at such frequency and in such manner as the Minister may determine, a summary of the financial statements of the university company which shall be in such form and contain such information as the Minister may determine.
(4) 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 10.—(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.

10 15 20 25 30 35 Act to prevail over constituent documents, etc.
5 5 10 11.—(1) Any provision of the constituent documents, or any regulation of the university company made in pursuance thereof, that is inconsistent with any provision of 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.

Consequential amendment to Private Education Act 2009 12.
Section 72 of the Private Education Act 2009 (Act 21 of 2009) is amended by inserting, immediately after the words “the Singapore Management University” in paragraph (i), the words “, the Singapore University of Technology and Design”.

EXPLANATORY STATEMENT This Bill seeks to make provision for certain matters relating to the Singapore University of Technology and Design (referred to as the university company) and to make a consequential amendment to the Private Education Act 2009 (Act 21 of 2009).
The university company was established as a company limited by guarantee incorporated under the Companies Act (Cap.

50) on 24th July 2009.

Its main object is to provide undergraduate technology and design education in Singapore.
The provisions of the Bill are intended — (a) (b) (c) to state the function of the university company as including that of conferring and awarding degrees, diplomas and certificates; to facilitate the provision of Government funds to the university company; and to empower management of the university company in the public interest.

the Government to exercise certain controls over the Clause 1 relates to the short title and commencement.

Clause 2 defines certain terms used in the Bill.


Clause 3 sets out the function of the university company, which includes the conferring and awarding of degrees, diplomas and certificates.

Clause 4 provides for the frameworks under which the university company is accountable to the Minister and the performance of the university company is evaluated.

The clause also requires the university company to participate in the evaluation of its activities by an external review panel commissioned by the Minister.
6 Clause 5 empowers the Minister, in consultation with the university company, to establish policies on higher education and requires the university company to implement such policies if the Minister directs it to do so.

Clause 6 provides for the appointment, removal and replacement of the trustees of the university company by the Minister.
Clause 7 sets out the matters which require the prior written consent of the Minister, and provides that any act done or agreement made without such consent is without effect and unenforceable at law.

Clause 8 makes provision for Parliament to provide funding for the university company and requires that the moneys given may only be applied or expended by the university company for such of its objects provided by its constituent documents as the Minister may allow.
Clause 9 permits the Minister or a person authorised by him to have access to the financial records of the university company and to require any person in possession of information to provide him with the information.

The clause also requires the university company to make a summary of its financial statements available to the public.

Clause 10 clarifies that the Societies Act (Cap.


311) applies to any student body constituted pursuant to the provisions of the constituent documents of the university company unless otherwise exempted by the Minister responsible for societies.
Clause 11 provides that the Bill will prevail over the constituent documents of the university company and any regulation made pursuant to the constituent documents, and makes clear that the university company is bound to comply with any other written law that would apply to it.

Clause 12 amends section 72 of the Private Education Act 2009 (Act 21 of 2009) to provide that that Act will not apply to the Singapore University of Technology and Design.
EXPENDITURE OF PUBLIC MONEY This Bill will involve the Government in extra financial expenditure, the exact amount of which cannot at present be ascertained.