Singapore legislation

Section 22

of Charities Act 1994

Section 22

Concurrent jurisdiction with General Division of High Court for certain purposes

Amended by34/201040/201934/201040/201934/201040/2019

(1)

Subject to the provisions of this Act, the Commissioner may, with the consent of the Attorney‑General, by order exercise the same jurisdiction and powers as are exercisable by the General Division of the High Court in charity proceedings for the following purposes:

(a)

establishing a scheme for the administration of a charity;

(b)

appointing, discharging or removing a governing board member of a charity or trustee for a charity, or removing an officer or employee;

(c)

vesting or transferring property, or requiring or entitling any person to call for or make any transfer of property or any payment.

Amended by34/201040/2019

(2)

The Commissioner does not have jurisdiction under this section to try or determine the title to any property as between a charity or trustee for a charity and a person holding or claiming the property or an interest in it adversely to the charity, or to try or determine any question as to the existence or extent of any charge or trust.

(3)

Before exercising any jurisdiction under this section, the Commissioner must give notice of his or her intention to do so to each of the governing board members except those who cannot be found or who have no known address in Singapore; and the notice may be given by post and, if given by post, may be addressed to the governing board member’s last known address in Singapore.

Amended by34/2010

(4)

The Commissioner must not exercise his or her jurisdiction under this section in any case (not referred to him or her by order of the General Division of the High Court) which, by reason of its contentious character, or of any special question of law or of fact which it may involve, or for other reasons, the Commissioner may consider more fit to be adjudicated on by the General Division of the High Court.

Amended by40/2019

(5)

An appeal against any order of the Commissioner under this section may at any time, within the 3 months beginning with the day following that on which the order is published, be brought in the General Division of the High Court by the charity or any of the governing board members, or any person interested in the charity, or by any person removed from any office or employment by the order.[24

Amended by34/201040/2019