Republic Polytechnic Act 2002

iwarp SG

Short title and commencement
1. This Act may be cited as the Republic Polytechnic Act 2002 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation
2. In this Act, unless the context otherwise requires ¡ª

"Board" means the Board of Governors of the Polytechnic;

"Chairman" means the Chairman of the Board;

"Constitution" means the Constitution of the Polytechnic set out in the Schedule;

"Deputy Principal" means a Deputy Principal of the Polytechnic appointed under section 9;

"Polytechnic" means the Republic Polytechnic established under section 3;

"Principal" means the Principal of the Polytechnic appointed under section 9;

"Senate" means the Senate of the Polytechnic.

Establishment and incorporation of Republic Polytechnic
3. There is hereby established a Polytechnic to be known as the Republic Polytechnic which shall be a body corporate with perpetual succession and a common seal and shall by that name be capable of ¡ª

(a) suing and being sued;

(b) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and

(c) doing and suffering all such other acts or things as bodies corporate may lawfully do or suffer.

Common seal
4. ¡ª(1) The common seal of the Polytechnic shall be kept in such custody as the Board directs.

(2) All deeds, documents and other instruments requiring the seal of the Polytechnic shall be sealed with the common seal of the Polytechnic and the instruments to which the common seal is affixed shall be signed by the Principal or a Deputy Principal and by another member of the Board.

(3) All courts and persons acting judicially shall take judicial notice of the common seal of the Polytechnic affixed to any document and shall presume that it was duly affixed.

Objects and powers of Polytechnic
5. ¡ª(1) The objects of the Polytechnic are ¡ª

(a) to provide instruction and training in engineering, technology, applied sciences and other subjects of learning;

(b) to aid by research and other means the advancement of knowledge and its practical application; and

(c) to promote the exchange of knowledge and skills with business and industry.

(2) The Polytechnic may ¡ª

(a) provide such facilities for its students as it considers desirable;

(b) institute academic and other posts and offices and make appointments thereto and employ such other staff as the Polytechnic considers necessary;

(c) fix, demand and receive fees and other charges;

(d) provide technical and consultancy services to business and industry as it considers desirable;

(e) form or participate in the formation of companies or other undertakings having such objects as may be approved by the Board;

(f) solicit and receive donations and contributions from any source or raise funds by all lawful means;

(g) give donations and contributions to any person or organisation; and

(h) do all such things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

Board of Governors and Senate of Polytechnic
6. ¡ª(1) The constitutions, functions, powers and duties of the Board and the Senate shall be prescribed by this Act and the Constitution.

(2) The Board shall, subject to the provisions of this Act and the Constitution, be the supreme governing body of the Polytechnic and shall administer the property and manage the affairs of the Polytechnic.

(3) Subject to the provisions of this Act and the Constitution and to the financial control of the Board, the Senate shall have the regulation of all matters relating to education in the Polytechnic.

(4) No act or resolution of the Board or the Senate shall be invalid by reason only of any vacancy in, or any defect in the qualification or appointment of any member of, any such body.

Schools of Polytechnic
7. ¡ª(1) There shall be such Schools as may be constituted by the Board on the recommendation of the Senate.

(2) There shall be a head of each School with such powers as may be conferred by the Board.

(3) The Board may, on the recommendation of the Senate, form, dissolve or reform such schools and any department, centre, unit and other sub-divisions of any school as it may from time to time consider desirable.

Committees and delegation of powers
8. ¡ª(1) The Board, the Senate and the Principal may establish such committees as they think fit.

(2) Unless otherwise expressly provided, any committee may consist partly of persons who are not members of the Board or the Senate or officers of the Polytechnic, as the case may be.

(3) Subject to the provisions of this Act and the Constitution, the Board, the Senate and the Principal may, with or without restrictions or conditions as they think fit, delegate any of their powers and duties to any committee.

Officers
9. ¡ª(1) The Principal, every Deputy Principal and other officers of the Polytechnic shall be appointed by the Board in accordance with the Constitution.

(2) The academic staff of the Polytechnic shall be the heads of the Schools and such other persons as may be designated as members of the academic staff by the Constitution and shall be appointed by the Board on the recommendation of the Principal.

(3) The powers and duties of the officers and members of the academic staff, the periods and conditions for and upon which they hold office and their emoluments shall be such as are prescribed by this Act, the Constitution and the terms of their respective appointments.

(4) In addition to such powers and duties that are assigned under subsection (3), the Board may assign to any officer, and in the case of any member of the academic staff on the recommendation of the Principal, such further powers and duties as the Board may think fit.

Constitution of Polytechnic
10. ¡ª(1) Subject to the provisions of this Act, the Polytechnic shall be governed by the provisions of the Constitution set out in the Schedule.

(2) The Minister may, after consulting the Board, amend the Constitution by order published in the Gazette.

(3) Regulations made under the Constitution shall not be deemed to be subsidiary legislation.

Examinations
11. All examinations held by the Polytechnic shall be conducted in such manner as may be prescribed by the Constitution and any regulations made thereunder.

Power to confer diplomas, etc.
12. The Polytechnic shall have power ¡ª

(a) to award diplomas and certificates and such other academic distinctions as may be specified in regulations made under the Constitution; and

(b) to provide access to educational activities and programmes for persons who are not registered students as the Polytechnic may determine, and to award diplomas, certificates and such other academic distinctions to such persons.

Grants
13. ¡ª(1) The Minister shall pay to the Polytechnic such moneys as may be provided by Parliament from time to time as grants to the Polytechnic.

(2) All moneys paid to the Polytechnic under subsection (1) may be applied or expended by the Polytechnic for the attainment of all or any of the objects of the Polytechnic.

Issue of shares, etc.
14. As a consequence of the vesting of any property, rights or liabilities of the Government in the Polytechnic under this Act, or of any capital injection or other investment by the Government in the Polytechnic in accordance with any written law, the Polytechnic shall issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct.

Power to borrow
15. For the attainment of all or any of its objects under this Act, the Polytechnic may, from time to time, raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by ¡ª

(a) mortgage, overdraft or otherwise;

(b) charge, whether legal or equitable, on any property vested in the Polytechnic or on any other revenue receivable by the Polytechnic under this Act or any other written law; or

(c) the creation and issue of debentures or bonds.

Accounts and financial statements
16. ¡ª(1) The Board shall cause proper accounting and other records to be kept of the financial transactions of the Polytechnic and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Polytechnic and over the expenditure incurred by the Polytechnic.

(2) The Board shall, as soon as practicable after the close of each financial year, cause financial statements in respect of that year to be prepared and submitted to the auditor of the Polytechnic.

Audit of accounts
17. ¡ª(1) The accounts of the Polytechnic shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General.

(2) A person shall not be qualified for appointment as an auditor under subsection (1) unless he is an approved company auditor under the Companies Act (Cap. 50).

(3) The remuneration of the auditor shall be paid out of the funds of the Polytechnic.

(4) The auditor or any person authorised by him shall be 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 Polytechnic and may make copies of, or extracts from, any such accounting and other records.

(5) The auditor shall in his report state ¡ª

(a) whether the financial statements show fairly the financial transactions and the state of affairs of the Polytechnic;

(b) whether proper accounting and other records have been kept, including records of all assets of the Polytechnic whether purchased, donated or otherwise;

(c) whether receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Polytechnic during the financial year were in accordance with the provisions of this Act; and

(d) such other matters arising from the audit as he considers necessary.

(6) The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Board and shall also submit such periodical and special reports to the Minister and to the Board as may appear to him to be necessary or as the Minister or the Board may require.

Failure to furnish information to auditor
18. ¡ª(1) The auditor 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 the auditor or the person authorised by him considers necessary for the purposes of his functions under this Act.

(2) Any person who fails, without reasonable excuse, to comply with any requirement of the auditor under subsection (1) or who otherwise hinders, obstructs or delays the auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Presentation of financial statements and auditor¡¯ s report to Parliament
19. ¡ª(1) The Board shall, as soon as the financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor¡¯s report.

(2) Where the Auditor-General is not the auditor of the Polytechnic, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General when they are submitted to the Board.

(3) The Minister shall as soon as practicable cause a copy of the audited financial statements and of the auditor¡¯s report to be presented to Parliament.

Annual report
20. ¡ª(1) The Board shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Polytechnic during the preceding financial year and containing such information relating to the proceedings and policy of the Polytechnic as the Minister may, from time to time, direct.

(2) The Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament.

Application of Societies Act to Students¡¯ Union
21. ¡ª(1) Notwithstanding anything to the contrary in the Societies Act (Cap. 311), the provisions of that Act shall apply to the Republic Polytechnic Students¡¯ Union and its constituent bodies constituted by the regulations.

(2) The Minister charged with the responsibility for societies may, by order published in the Gazette, exempt the Republic Polytechnic Students¡¯ Union and any of its constituent bodies from all or any of the provisions of the Societies Act subject to such conditions as may be specified in the order.