Singapore legislation

Clause 3

of School Boards (Incorporation) Bill

Clause 3

Establishment of governing boards for schools

(1)

The Minister may, from time to time, by order published in the Gazette, establish a governing board by such name as the Minister may designate for the purpose of conducting a school named in the order and promulgate a constitution for that governing board.

(2)

A governing board established pursuant to an order made under subsection (1) shall be a body corporate by the name specified in the order capable of performing such acts as bodies corporate may by law perform and of suing and being sued and having perpetual succession and a common seal with power to exercise and perform such functions and duties as are conferred or imposed on it by or under this Act and the order made under subsection (1).

(3)

A governing board shall consist of such number of governors as may be prescribed in an order made under subsection (1).

(4)

Without prejudice to the generality of subsection (1), an order made under subsection (1) shall make provisions —

(a)

to provide that the appointments of governors are to be made with the approval of the Minister;

(b)

as to the tenure of office and the qualifications of governors;

(c)

as to the suspension or removal from office of governors;

(d)

as to the circumstances in which persons are disqualified for holding office as governors;

(e)

for filling vacancies in the governing board;

(f)

as to the election or appointment of a chairman or vice-chairman (if any) of the governing board;

(g)

to provide that the principal of the school named in the order shall be appointed by the governing board with the approval of the Director;

(h)

conferring upon the governing board full discretion to act with respect to the following matters:

(i)

the recruitment, promotion and dismissal of and the exercise of disciplinary control over teachers and other staff of the school;

(ii)

determining the policy or conditions for the admission of students to the school and the dismissal of students; and

(iii)

determining the fees payable by the pupils of the school;

(i)

to allow the governing board to retain the fees collected from the pupils of the school for the purpose of defraying expenses incurred for conducting the school;

(j)

as to the establishment, constitution, meetings and proceedings of committees;

(k)

for the delegation of functions of the governing board in such circumstances as may be specified in the order to committees established by the governing board or to any governor; and

(l)

as to the procedure (including any quorum) when business is transacted by the governing board.

(5)

Subject to the provisions of an order made under subsection (1), a governing board may regulate its own procedure.

(6)

The proceedings of a governing board shall not be invalidated by —

(a)

any vacancy among the governors;

(b)

any defect in the appointment of any governor.

(7)

The provision mentioned in subsection (4)(j) may provide for a committee to include persons who are not governors.