ISEAS – Yusof Ishak Institute Act 1968

ISEAS – Yusof Ishak Institute Act 1968 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to provide for the establishment of the ISEAS – Yusof Ishak Institute and for matters connected therewith. [23/2015] [7 June 1968] Short title 1. This Act is the ISEAS – Yusof Ishak Institute Act 1968. [23/2015] Interpretation 2. In this Act, unless the context otherwise requires — “Board” means the Board of Trustees of the Institute constituted under section 4; “Chairperson” means the Chairperson of the Board appointed under section 4; “Director” means the Director of the Institute, and includes any individual acting in that capacity; “Institute” means the ISEAS – Yusof Ishak Institute established under section 3; “regulations” means regulations made by the Executive Committee under section 14. [23/2015; 5/2018] Establishment of Institute 3. For the promotion of research on Southeast Asia and on all matters appertaining to Southeast Asia, there is established an Institute styled “the ISEAS – Yusof Ishak Institute”. [23/2015] Constitution of Board of Trustees 4.—(1) A body corporate called the Board of Trustees of the Institute is constituted, which — (a) has perpetual succession; (b) has a common seal; and (c) may sue and be sued in its corporate name. [23/2015] (2) The Board consists of a Chairperson, a Deputy Chairperson and 12 other members to be appointed by the Minister. [23/2015] (3) The Director is an ex‑officio member of the Board. (4) The Chairperson, the Deputy Chairperson and other members appointed by the Minister under subsection (2) hold office for a period of up to 3 years, unless the Minister otherwise directs, and are eligible for re‑appointment. [23/2015] (5) The Minister may at any time revoke an appointment made under subsection (2). (6) Any member of the Board may resign from the Board by giving written notice to that effect addressed to the Chairperson and as from the date the Chairperson receives the notice the member ceases to be a member. (7) If the Chairperson is absent from any meeting of the Board, the Deputy Chairperson must chair the meeting. (8) The Board may grant leave of absence to any member of the Board. (9) Any member absent from 4 consecutive meetings of the Board without having obtained leave of absence from the Board is considered as having resigned from the Board. (10) If a vacancy occurs in the membership of the Board by the death, resignation or revocation of appointment of a member or otherwise, the Minister may appoint any person to fill the vacancy, and any person so appointed holds office for so long as the member in whose place the person is appointed would have held office. [23/2015] (11) The Board must meet at least once a year. Powers of Board 5. The Board has power — (a) to receive and approve the annual report and accounts of the Institute; (b) to approve the budget and research programme of the Institute; (c) to set up endowment funds and other funds for a specific purpose or specific purposes; and (d) generally to do all matters and things that may be incidental to or consequential upon the exercise of its powers or the discharge of its functions under this Act. Directions by Minister 5A. The Minister may give to the Institute any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] Quorum 6.—(1) Every question before the Board at any meeting is to be decided by a majority of the votes of the members present. (2) Five members of the Board constitute a quorum at any meeting. [23/2015] (3) The person chairing any meeting has an original vote and, in the case of an equality of votes, a casting vote. 7. [Repealed by Act 23 of 2015] Power of Board to enter into contracts and to hold property 8.—(1) The Board may enter into any contract that may be necessary or expedient for carrying into effect the provisions of this Act. (2) The Board may acquire and hold any movable or immovable property that may be necessary or expedient for carrying into effect the provisions of this Act and, for the same purposes, may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired. Power of Board to borrow and invest 9.—(1) The Board may borrow at interest on the security of any movable or immovable property of the Board any moneys that it may think necessary or expedient. (2) The Board may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. (3) The Board may do anything incidental or appertaining to a body corporate. Issue of shares, etc. 9A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct. Use of common seal 10.—(1) The common seal of the Board must be in the custody of the Director. (2) The common seal must not be affixed to any instrument except in the presence of — (a) the Chairperson or a member of the Board designated by the Chairperson; and (b) the Director or a member of the Executive Committee designated by the Director, and not until the Chairperson or the member of the Board and the Director or the member of the Executive Committee have signed their names to the instrument in token of their presence. Grants-in-aid 11.—(1) The Minister may authorise the payment of grants‑in‑aid to the Institute. [23/2015; 5/2018] (2) All moneys provided for under subsection (1) may be applied or expended by the Institute for all or any of the purposes of the Institute. 11A. [Repealed by Act 5 of 2018] Appointment, powers and duties of Director 12.—(1) There must be a chief executive of the Institute called the Director, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Director is the chief administrative and academic officer of the Institute and is responsible for — (a) the proper administration of the Institute in accordance with the policy of the Board; (b) the academic and research management of the Institute in accordance with the policy of the Board; (c) the proper enforcement of the regulations; and (d) the discipline of the fellows of the Institute, and for those purposes the Director has, subject to the provisions of this Act, all powers that are necessary or advantageous and proper. (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Director during any period, or during all periods, when the Director is — (a) absent from duty or Singapore; or (b) for any reason, unable to perform the duties of the office. [5/2018] (4) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on the terms and conditions that it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018] Constitution of Executive Committee 13.—(1) The Board must appoint an Executive Committee for carrying out the objects of this Act or any part thereof that it may consider necessary. (2) The Executive Committee consists of — (a) the Director, who is its chairperson; (b) 3 members to be appointed by the Board from among the members of the Board; (c) 3 members to be appointed by the Minister; and (d) 3 members to be appointed by the Director from among the staff of the Institute. (3) The Chairperson may, in consultation with the Director, appoint a member of the Executive Committee to preside at meetings of the Executive Committee in the absence of the Director. (4) Five members of the Committee form a quorum at any meeting. Powers of Executive Committee 14.—(1) It is the duty of the Executive Committee, in the exercise of its powers and in the performance of its functions, to act in the manner that appears to it best calculated to promote the aims and interests of the Institute. (2) The functions of the Executive Committee include the carrying on of all such activities and the doing of all such things as are necessary or advantageous and proper for the government, control and general administration of the Institute and of the assets of the Institute and, without limiting the foregoing, include — (a) the authorisation of the appropriate and necessary expenditure within the limits of the funds available to the Institute; (b) the preparation of an annual report on the workings of the Institute, and the preparation of the annual estimates and of the annual statements of account in accordance with this Act or any rules made under this Act; (c) the appointment of the senior research staff and the senior administrative staff of the Institute and the appointment of any advisers that the Director may consider necessary or desirable; (d) the making, subject to the approval of the Board, of regulations relating generally to the academic management of the Institute and in particular to — (i) the qualifications necessary for entrance to the Institute, the duration and number of the Institute terms, the award of certificates and diplomas to the fellows of the Institute and the revocation of any certificates or diplomas so awarded; (ii) the institution of other posts and offices and appointments to such posts and offices; (iii) the establishment of an Institute printing press and the publishing of books and other publications; (iv) the erection, equipment and maintenance of libraries, laboratories, museums, lecture halls and all other buildings required for the purposes of the Institute whether in Singapore or elsewhere; (v) the institution and award of fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance towards the advancement and dissemination of knowledge on Southeast Asia; (vi) the relationship between the Institute on the one hand and schools, colleges, universities and other academic institutions, both in Singapore and abroad, on the other; and (vii) the fees to be payable at the Institute; (e) the making of regulations relating to — (i) the procedure in regard to meetings of the Executive Committee and of any committee duly appointed by it under the provisions of this Act; (ii) the setting up, membership and functions of advisory committees and the procedure in regard to the meetings of the advisory committees; and (iii) the powers and functions of the officers of the Institute and of any committee duly appointed by it under the provisions of this Act; (f) the provision of pensions, superannuation or provident fund schemes for the benefit of the Institute’s employees or any section of its employees, and the making of arrangements for the establishment of those schemes; (g) the provision and regulation of residences for officers, staff and fellows of the Institute and the welfare and discipline of staff and fellows; and (h) the demand and receipt of any fees that may from time to time be prescribed by regulations. (3) The Executive Committee may appoint from among its own number any committees either of a general or special nature and consisting of any number of persons that the Executive Committee may think fit for any purposes which in the opinion of the Executive Committee would be better regulated by those committees. (4) The proceedings of every committee must be recorded in writing and must be open to inspection to any member of the Executive Committee or any member of the committee at any time. (5) Any committee has full power to act on any resolution passed by it within the scope of the power delegated to it by the Executive Committee under subsection (3) and all decisions of the committee must be reported to the Executive Committee. Power to make rules 15.—(1) The Minister may make any rules that may be necessary. (2) In particular and without limiting subsection (1), the rules may provide for all or any of the following matters: (a) the powers and functions of the Board; (b) the preparation, audit and submission to the Minister of estimates, budgets, accounts and other information pertaining to the Institute; (c) the terms and conditions of transfer to the Institute of holders of pensionable appointments in the public service. (3) The rules must be published in the Gazette and must be presented to Parliament as soon as possible after publication. Power of Board to accept gifts 16.—(1) The Board may on behalf of the Institute accept by way of grant, gift, testamentary disposition or otherwise, property and moneys in aid of the finances of the Institute on any conditions that it may determine. (2) Registers must be kept of all donations to the Institute, including the names of donors and any special conditions on which any donation may have been given. (3) All property, moneys or funds donated for any specific purposes must be applied and administered in accordance with the purposes for which they have been donated and must be separately accounted for. Protection from personal liability 17. No liability is to lie personally against any member of the Board, employee of the Institute or other person acting under the direction of the Institute who, acting in good faith and with reasonable care, does or omits to do anything in — (a) the exercise or purported exercise of any power under this Act; or (b) the performance or purported performance of any function or duty under this Act. [23/2015]