Nanyang Technological University (Corporatisation) Bill

In this Act, unless the context otherwise requires —

“appointed day” means the date of commencement of this Act;

“Board” means the Board of Trustees of the university company referred to in its constituent documents;

“constituent documents”, in relation to the university company, means the memorandum of association and articles of association of the university company;

“predecessor university” means the Nanyang Technological University established under the Nanyang Technological University Act (Cap. 192);

“university company” means the company limited by guarantee incorporated under the Companies Act (Cap. 50) under the name “Nanyang Technological University”.

For the avoidance of doubt —

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.

The university company shall evaluate the performance of its activities in accordance with such quality assurance framework as the Minister may determine.

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.

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.

The university company shall comply with any direction given by the Minister under subsection (1).

The Board shall consist of such number of trustees as the Minister may, in his discretion, appoint.

The Minister may, at any time, remove or replace any trustee and appoint new or additional trustees to the Board.

The prior written consent of the Minister is required for —

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.

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

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.

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.

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.

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 —

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.

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.

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.

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.

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.

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.

On the appointed day, such property, rights and liabilities comprised in the undertaking of the predecessor university as may be determined by the Minister and agreed to by the Minister for Finance shall, by virtue of this section and without further assurance, act or deed, be transferred to and vest in the university company.

Any property which by any scheme, will or other instrument or otherwise was held upon trust for any specific foundation or object of the predecessor university and which has been transferred to or vests in the university company by virtue of subsection (1) shall, after such transfer or vesting, be held upon trust for and applied as far as possible to the like foundation or object of the university company.

Any property which was held upon any trust and which has been transferred to or vests in the university company by virtue of subsection (1) shall, after such transfer or vesting, be held upon the same trust.

If any question arises as to whether any particular property, right or liability has been transferred to or vested in the university company under subsection (1), a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, right or liability was or was not so transferred or vested.

Any immovable property to be transferred to and vested in the university company under subsection (1) shall be held by the university company upon such tenure and subject to such terms and conditions as the President may determine.

All proceedings by or against the predecessor university which are commenced before the appointed day and which are pending on that day may be continued, completed and enforced by or against the university company on and after that day.

Every agreement relating to any of the transferred properties to which the predecessor university was a party immediately before the appointed day, whether or not of such nature that the rights and liabilities thereunder can be assigned, shall have effect on and after that day as if —

On and after the appointed day, all persons employed immediately before that day by the predecessor university shall be transferred to the service of the university company on terms no less favourable than those enjoyed by them immediately prior to their transfer.

Until such time as terms and conditions of service are drawn up by the university company, the scheme and terms and conditions of service in the predecessor university shall continue to apply to every person transferred to the service of the university company under subsection (1) as if he were still in the service of the predecessor university.

The university company shall, in drawing up the terms and conditions of service of any person transferred to the service of the university company under section 13, consider the terms and conditions of service, including any accrued rights to leave, enjoyed by that person while in the employment of the predecessor university.

The university company shall, in drawing up any term or condition relating to the length of service of any person with the university company, provide for the recognition of service under the predecessor university by that person to be service under the university company.

Where any disciplinary proceedings commenced before the appointed day against —

Where any hearing or investigation by a duly authorised committee of the predecessor university has commenced before the appointed day, but no order, ruling or direction has been made thereon immediately before that day, the committee shall on or after that day complete the hearing or investigation and shall make such order, ruling or direction as it could have made under the authority vested in it before that day.

Any order, ruling or direction made by a committee under subsection (2) shall be treated as an order, a ruling or a direction of the university company and have the same force and effect as if it had been made by a duly authorised committee of the university company.