5. New Part 4A

In the principal Act, after Part 4, insert —“PART 4ASINGAPORE COLLEGE OF ISLAMIC STUDIESDivision 1 — PreliminaryInterpretation of this Part73B. In this Part, a reference to the operation of the SCIS is a reference to the establishment, operation, maintenance or promotion of the SCIS.Function of college company to confer and award degrees, etc.73C.—

It is a function of the college company to pursue, within the limits of the financial resources available to it, the objects provided by its constitution and, in particular, to confer and award degrees, diplomas and certificates (including honorary degrees and other distinctions) in respect of tertiary religious education under the name and style “Singapore College of Islamic Studies”.

To avoid doubt, subsection (1) does not prevent the college company from carrying out any function in respect of any higher education that is not tertiary religious education in accordance with the objects provided by its constitution.Provision of funding73D.—

Despite anything else in this Act, the Majlis may pay moneys to the college company for funding the college company’s operation of the SCIS for any purposes connected with tertiary religious education, from all or any of the following:

money and property in the General Endowment Fund vested in the Majlis under section 57;

zakat and fitrah collected under section 68;

moneys collected for charitable purposes under section 71;

moneys in the Mosque Building and Mendaki Fund vested in the Majlis under section 76.

Subsection (1) does not prevent the college company —

from receiving grants or other moneys from the Government for funding the college company’s operation of the SCIS for any higher education that is not tertiary religious education; and

from obtaining any other funding for its operation of the SCIS in accordance with its constitution or any written law.

All moneys of any kind described in subsections (1) and (2)(a) that are paid to the college company must only be applied or expended by the college company for any objects provided by its constitution as the Minister may allow.Division 2 — Oversight by Majlis of tertiary religious education at SCISDirections for or in respect of provision of tertiary religious education73E.—

The Majlis may give one or more directions to the college company for or in respect of its provision of tertiary religious education at the SCIS, if the Majlis considers it necessary or expedient —

to ensure that fit and proper individuals with satisfactory training and experience are employed or engaged by the college company as Islamic teachers at the SCIS;

to prevent, or take remedial action against, any provision of Islamic instruction by Islamic teachers at the SCIS that is, or is likely to be, contrary to the Muslim law or the conduct of Muslim religious affairs in Singapore;

to develop Islamic teachers to support the religious affairs of Muslims in Singapore; or

in the public interest.

To avoid doubt, a direction under subsection (1)(a) must not affect the college company’s employment or engagement of —

teachers who are not Islamic teachers; or

other individuals, including any staff, who are otherwise not involved in the provision of Islamic instruction.

The college company must comply with every direction given by the Majlis under subsection (1).Division 3 — Oversight by Minister or authorised personAccountability and evaluation73F.—

The college company must comply with the accountability framework for its operation of the SCIS as set out in any written agreement between the college company and the Minister or a person authorised by the Minister.

The college company must evaluate the performance of its operation of the SCIS in accordance with any quality assurance framework decided by the Minister.

The college company must participate in the evaluation of its operation of the SCIS by any external review panel that the Minister may commission from time to time.Appointment to SCIS Board73G.—

The SCIS Board consists of any number of directors that the Minister appoints.

The Minister may, at any time, remove or replace any director of the SCIS Board, or appoint new or additional directors to the SCIS Board.

For the purposes of subsections (1) and (2), the Minister may appoint, remove or replace —

the Chief Executive as a director of the SCIS Board; and

any other individual as a director of the SCIS Board, after consulting the Chief Executive.Consent of Minister73H.—

The prior written consent of the Minister is required for the following matters:

the admission of any person as a member of the college company and the removal of any such member;

the disposal of the whole or substantially the whole of the college company’s undertaking or property;

the voluntary winding up of the college company;

the addition, deletion or alteration of any provision of the college company’s constitution;

the cessation of the whole or substantially the whole of the operation of the college company;

the closure of the whole or substantially the whole of the SCIS.

The requirements under subsection (1) apply in addition to the requirements prescribed by the Companies Act 1967 and the Insolvency, Restructuring and Dissolution Act 2018 in respect of the matters in subsection (1)(a) to (f).

Any act done or agreement made in contravention of subsection (1) has no effect and is unenforceable at law.Access to accounts and summary of financial statements73I.—

The Minister or a person authorised by the Minister (called in this section an authorised person) 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 college company.

The Minister or an authorised person may require any person to provide any information in that person’s possession, or to which that person has access, that the Minister or authorised person (as the case may be) considers necessary for ascertaining —

whether moneys paid to the college company under section 73D(1) were applied or expended in accordance with section 73D(3);

whether grants or other moneys paid to the college company by the Government as mentioned in section 73D(2)(a) were applied or expended in accordance with section 73D(3); or

any other matters that the Minister or authorised person requires.

The college company must —

prepare a summary of the financial statements of the college company in any form and containing any information as the Minister may decide; and

make available the summary mentioned in paragraph (a) to the public at any frequency and in any manner as the Minister may decide.

The requirements under subsection (3) apply in addition to the requirements prescribed by the Companies Act 1967 in respect of financial statements and summaries of financial statements.

Any person who —

without reasonable excuse, fails to comply with any requirement of the Minister or an authorised person under subsection (2); or

otherwise hinders, obstructs or delays the Minister or an authorised person in the performance of his or her duties or in the exercise of his or her powers under this section,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.Division 4 — Miscellaneous provisionsApplication of Societies Act 1966 to student bodies73J.—

To avoid doubt, the Societies Act 1966 applies to any student body constituted under the provisions of the constitution of the college company.

The Minister charged with the responsibility for societies may, by order in the Gazette, exempt any student body mentioned in subsection (1) from all or any of the provisions of the Societies Act 1966, subject to any conditions specified in the order.Act to prevail over constitution, etc.73K.—

If any provision of the constitution of the college company (called a constitution provision), or any by‑law, rule or regulation of the college company made under a constitution provision (called a college company regulation), is inconsistent with any provision of this Act, the constitution provision or college company regulation (as the case may be) is void to the extent of that inconsistency.

Nothing in this Act is to be construed as excusing or exempting the college company from complying with any written law that, apart from this Act, would apply to the college company.”.