Republic Polytechnic Act 2002

Republic Polytechnic Act 2002 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 establish the Republic Polytechnic, to provide for its functions and powers, and for matters connected therewith. [1 August 2002] Short title 1. This Act is the Republic Polytechnic Act 2002. Interpretation 2. In this Act, unless the context otherwise requires — “Board” means the Board of Governors of the Polytechnic; “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, and includes any individual acting in that capacity; “Senate” means the Senate of the Polytechnic. [5/2018] Establishment and incorporation of Republic Polytechnic 3. A Polytechnic called the Republic Polytechnic is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — (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 other acts or things that bodies corporate may lawfully do or suffer. Common seal 4.—(1) The common seal of the Polytechnic must be kept in such custody as the Board directs. (2) All deeds, documents and other instruments requiring the seal of the Polytechnic must be sealed with the common seal of the Polytechnic and the instruments to which the common seal is affixed must be signed by the Principal or a Deputy Principal and by another member of the Board. (3) All courts and persons acting judicially are to take judicial notice of the common seal of the Polytechnic affixed to any document and presume that it was duly affixed. Objects and powers of Polytechnic 5.—(1) The objects of the Polytechnic are — (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) provide any facilities for its students that it considers desirable; (b) institute and make appointments to academic and other posts and offices and employ any other staff that the Polytechnic considers necessary; (c) fix, demand and receive fees and other charges, including charges for the late payment of any such fee or charge; [Act 4 of 2008 wef 01/04/2024] (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 the Board may approve; (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 things that may be necessary, incidental or conducive to the attainment of all or any of its objects. (3) In subsection (2)(e), “company” — (a) has the meaning given by section 4(1) of the Companies Act 1967; and (b) includes a foreign company within the meaning of that Act. [S 461/2020] Validation of collection of charge for late payment of fee or charge 5A. Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any fee or charge referred to in section 5(2)(c) shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. [Act 4 of 2008 wef 01/04/2024] Board of Governors and Senate of Polytechnic 6.—(1) The constitutions, functions, powers and duties of the Board and the Senate are prescribed by this Act and the Constitution. (2) The Board is, subject to the provisions of this Act and the Constitution, the supreme governing body of the Polytechnic and must administer the property and manage the affairs of the Polytechnic. (3) Subject to the provisions of this Act, the Public Sector (Governance) Act 2018 and the Constitution and to the financial control of the Board, the Senate has the regulation of all matters relating to education in the Polytechnic. [5/2018] (4) No act or resolution of the Board or the Senate is invalid by reason only of any vacancy in, or any defect in the qualification or appointment of any member of, the Board or the Senate. Schools of Polytechnic 7.—(1) There are to be such Schools as may be constituted by the Board on the recommendation of the Senate. (2) There is to 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 any School and any department, centre, unit and other subdivisions of any School as it may consider desirable. Committees and delegation of powers 8.—(1) The Board, the Senate and the Principal may establish any committees that 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, the Public Sector (Governance) Act 2018 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. [5/2018] Officers 9.—(1) The Principal, every Deputy Principal and other officers of the Polytechnic must be appointed by the Board in accordance with the Constitution. (2) The academic staff of the Polytechnic are the heads of the Schools and any other persons designated as members of the academic staff by the Constitution and they are to 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 are as prescribed by this Act, the Constitution and the terms of their respective appointments. (4) In addition to the 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 thinks fit. 9A. [Repealed by Act 5 of 2018] Constitution of Polytechnic 10.—(1) Subject to the provisions of this Act, the Polytechnic is 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 in the Gazette. (3) Regulations made under the Constitution are not subsidiary legislation. Examinations 11. All examinations held by the Polytechnic must be conducted in the manner prescribed by the Constitution and any regulations made under the Constitution. Power to confer diplomas, etc. 12. The Polytechnic has power — (a) to award diplomas, certificates and any other academic distinctions specified in regulations made under the Constitution; and (b) to provide access to such educational activities and programmes for persons who are not registered students as the Polytechnic may determine, and to award diplomas, certificates and other academic distinctions to those persons. Grants 13.—(1) The Minister must pay to the Polytechnic such moneys as may be provided by Parliament 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 must issue such shares or other securities to the Minister for Finance as that Minister may direct. Power to borrow 15. For the attainment of all or any of its objects under this Act, the Polytechnic may 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) 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. Application of Societies Act 1966 to Students’ Union 16.—(1) Despite anything to the contrary in the Societies Act 1966, the provisions of that Act apply to the Republic Polytechnic Students’ Union and its constituent bodies constituted by regulations made under the Constitution. (2) The Minister charged with the responsibility for societies may, by order 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 1966 subject to any conditions specified in the order. [21