Hindu Endowments Act 1968

This Act is the Hindu Endowments Act 1968.

In this Act, “endowment” means any endowment in land, building or money given or to be given for the support of any Hindu temple or Hindu shrine or school or other Hindu pious, religious, charitable or beneficial purpose.

There shall be constituted a Hindu Endowments Board (referred to in this Act as the Board) which shall exercise the functions conferred on it by this Act.

The Board shall be a body corporate having perpetual succession and a common seal, and the seal may from time to time be broken, changed, altered and made anew as to the Board seems fit.

The Board may sue and be sued in its corporate name.

The Board shall consist of —

Subject to the provisions of this Act and unless the contrary intention appears in the instrument of appointment, the appointment of members under subsection (1) shall be for a period of 3 years from the date thereof.

The members of the Board shall be eligible for re‑appointment except that a Finance member shall not be appointed for more than 2 consecutive terms as a Finance member but may, at the end of the second consecutive term, be appointed in any capacity in the Board except as a Finance member.

No person shall be appointed a member of the Board under subsection (1) unless he —

The members of the Board shall be deemed to be public servants for the purposes of the Penal Code 1871.

The Secretary of the Board shall be a public officer and shall be appointed by the Minister.

The Secretary of the Board shall convene and attend all meetings of the Board but shall not have the right to vote.

All appointments made under this Act shall be notified in the Gazette.

Without prejudice to sections 5(2) and 9, the appointment of any member of the Board determines —

upon his death;

if he resigns his appointment, by writing addressed to the Minister through the Secretary of the Board;

if he is absent from Singapore, without written permission from the Chairman, for a period exceeding 3 months; or

if he is declared a bankrupt.

The Minister may revoke the appointment of any member of the Board —

if the conduct of the member, whether in connection with the duties of the appointment or otherwise, is in the opinion of the Minister such as to bring discredit upon the Board;

if for any reason the member becomes unable properly to carry out the duties of his appointment;

if, without due cause to be approved by the Chairman, the member absents himself from 3 successive meetings of the Board; or

if the Minister considers it desirable in the public interest to revoke the appointment.

The Chairman may invite to any meeting of the Board any person who is not a member of the Board if the business before the meeting renders the presence of that person desirable.

Any person so invited shall be entitled to take part in the proceedings of the Board, but shall not have the right to vote.

The Chairman and in his absence the Vice‑Chairman shall preside at all meetings of the Board.

In the absence of the Chairman and the Vice‑Chairman, the Board may elect any other member to act as Chairman.

The Chairman is entitled to vote. In the event of an equality of votes, the Chairman shall have a casting vote.

The proceedings of the Board shall be secret and no member or employee thereof shall disclose or divulge to any person, other than the Minister or any person authorised by the Minister or any member of the Board, any fact or matter which has been disclosed or arisen at any meeting unless he is authorised by the Board in writing or he is ordered by a court to do so.

No business, except that of adjournment, shall be transacted and no action or resolution of the Board shall be valid unless at least 7 members or one‑third of the members, whichever is the greater, are present at the meeting.

The Board may, subject to subsection (1), act notwithstanding any vacancy in its membership.

The seal of the Board shall be kept in the custody of the Secretary of the Board.

The seal shall be affixed in the presence of the Chairman and the Secretary of the Board who shall sign as witnesses:Provided that, in the absence of the Chairman or the Secretary of the Board or both, the seal shall be affixed in the presence of a member or members of the Board, as the case may be, who has or have been authorised in that behalf by the Board, and such member or members shall sign as witnesses.

The following documents shall be executed under the corporate seal of the Board:

Subject to such directions as may be given to him by the Chairman, the Secretary of the Board shall have charge of all correspondence and documents of the Board, including all title deeds, and shall in all other respects carry out such duties as may be imposed upon him by this Act or allotted to him by direction of the Board.

The Finance member shall have charge of all books of account of the Board and shall be responsible for the proper collection of, accounting for and disposal of all funds of the Board.

The Secretary of the Board shall keep minutes of all meetings of the Board and at every meeting the minutes of the previous meeting, which shall have been previously circulated to members of the Board, shall be confirmed, subject to any amendment which may be required.

Such minutes shall be entered in the minute book of the Board and shall include a full record of every resolution of the Board.

As soon as possible after every meeting of the Board a copy of the minutes shall be sent to the Minister. If on confirmation the minutes are amended, the Minister shall forthwith be informed of the amendments made.

The Board may from time to time appoint committees, other than a committee of management referred to in section 20, consisting of one or more persons (whether members of the Board or not) for the purpose of advancing its objectives.

The Board may define and vary the terms of reference of such committees and alter and discharge such committees.

Subject to this Act and to the control of the Board, a committee appointed under this section may regulate its own procedure.

The Board may —

A property vested in the Board may be developed, disposed of or otherwise dealt with by the Board in the manner provided under subsection (1)(b) and (c) notwithstanding section 19 or a trust or condition (express or implied) prohibiting or restricting such development, disposal of or other dealing with the property.

The Board may, with the approval of the Minister, form or participate in the formation of any company, or enter into any joint venture or partnership, to carry out any of the following:

the purposes of this Act;

the functions conferred or activities authorised by this Act;

the purposes of any endowment administered by the Board pursuant to an order of the Minister under section 18.

Whenever it appears to the Minister on the report of the Board that —

The persons who manage the endowment shall be given an opportunity to make representations to the Minister within such period as the Minister may specify before an order is made under this section.

From the date of such an order all the property, both movable and immovable, which the trustees of that endowment, if legally appointed, would have been entitled to administer, shall be vested in the Board upon the trusts and for the intents and purposes to which the endowment is applicable.

On or after the date of that order, the Board shall, by a statement in writing, under the seal of the Board, appended to a copy of the order, specify any land that has become vested in the Board by virtue of the order, and deliver that statement to the Registrar of Deeds.

The Registrar of Deeds shall thereupon make such entry in the books of the registry as is sufficient to afford notice to persons searching the register that the land specified in that statement is claimed to have become vested in the Board by virtue of that order and of this section.

For the purpose of the management of each such endowment or part thereof, the Board shall, subject to the approval of the Minister, appoint a committee of management to act under the control of the Board.

Every such committee shall consist of at least one member of the Board, and of not more than 11 other persons.

Every such committee shall meet at least once a month and the quorum at all meetings of the committee shall be 6 members present.

The members of every such committee shall be appointed for a period of not more than 3 years and shall be eligible for re‑appointment.

No person shall be appointed a member of such a committee unless he —

The members of such a committee shall be deemed to be public servants for the purposes of the Penal Code 1871.

It shall be the duty of every such committee to inform the Board of all acts and things done by the committee.

The Board may, subject to the approval of the Minister, remove any member of such a committee and appoint another in his place.

The Board shall, with respect to any such endowment, have all such powers as it would have had if it had been named as trustee in the instrument creating the endowment, and in addition may, in any case —

appoint and remove any employee of any such endowment;

receive and collect the income of the endowment;

expend the income —

in defraying the expenses of the management of the endowment and of the Board;

in carrying out the purposes of the endowment;

in promoting social, cultural, educational or other activities that the Board considers to be for the public benefit; and

in fostering inter-religious communication and harmony;

raise funds by means of voluntary subscriptions, donations or contributions for the purposes of exercising its powers, performing its duties and discharging its obligations under this Act; and

promote or undertake publicity in any form.

The Board may at any time require written accounts and statements and answers to enquiries relating to any endowment or the property or income thereof to be rendered by any of the following persons:

All such accounts, statements and answers shall be verified by the oath or affirmation of the person rendering them, which the Secretary of the Board is hereby authorised to administer or take.

The Board may require all or any of such trustees and persons as aforesaid to attend before it respectively at such times and places as are reasonably appointed, for the purpose of being examined in relation to the endowment, and to answer the questions put to them, and to produce upon their examination any documents in their custody or power relating to the endowment or the property thereof, and may examine upon oath or otherwise all such persons and all persons voluntarily attending and may administer oaths.

Any person who refuses or wilfully neglects to comply with any requisition or order of the Board made under this Act, or destroys or withholds any document required to be produced or transmitted by him, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day during which the offence continues after conviction.

The Board shall consider all applications which are made to it by a trustee or other person having any concern in the management or administration of any endowment for its opinion or advice respecting the endowment or the management or administration thereof, or the estates, funds, property or income thereof, or any question or dispute relating to the same respectively, and may upon any such application give such opinion or advice as it thinks expedient.

Such opinion or advice shall be in writing under the seal of the Board, and every trustee and other person who acts upon or in accordance with the opinion or advice given by the Board shall, in respect of so acting, be deemed and taken so far as respects his own responsibility to have acted in accordance with his trust.

No judicial order or direction subsequently made or given by the General Division of the High Court shall interfere with or impair the indemnity by this Act given to trustees and other persons who have acted upon or in accordance with such opinion or advice of the Board.

Nothing herein shall extend to indemnify any trustee or other person for any act done in accordance with the opinion or advice of the Board if the trustee or other person has been guilty of any fraud or of any wilful concealment or misrepresentation in obtaining the opinion or advice.

Before any legal proceeding for obtaining any relief, order or direction concerning or relating to any endowment or the estate, funds, property or income thereof is commenced or taken by any person, the person shall transmit to the Board notice in writing of the proposed proceeding, and such information as is requisite or proper or is required from time to time by the Board for explaining the nature and objects thereof.

The Board may, if it thinks fit, by an order under its seal, authorise or direct any such proceeding to be commenced or taken with respect to that endowment either for the objects and in the manner specified or mentioned in that notice or for such other objects and in such manner and form and subject to such provisions for securing the endowment against liability to any costs or expenses, and to such other provisions for the protection or benefit of the endowment as the Board thinks proper.

The Board may by such order require and direct that any proceeding so authorised by it with respect to any endowment shall be delayed during such period as seems proper, and every such order may be in such form as the Board thinks fit.

Except as herein otherwise provided, no legal proceeding for obtaining any such relief, order or direction shall be entertained or proceeded with by the General Division of the High Court or by any court or judge except upon and in conformity with an order of the Board.

Nothing in this Act shall extend to or affect any legal proceeding in which any person claims any property or seeks any relief adversely to any endowment.