On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 01/03/2011.
25.
—(1) Where, at any time after the Commissioner has instituted an inquiry under section 8 with respect to any charity, he is satisfied —
(a)
that there is or has been any misconduct or mismanagement in the administration of the charity; and
(b)
that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity,
the Commissioner may, with the consent of the Attorney-General, do one or more of the following things:
(i)
by order remove any trustee, governing board member, officer, agent or employee of the charity who has been responsible for or privy to the misconduct or mismanagement or has by his conduct contributed to it or facilitated it;
(ii)
by order establish a scheme for the administration of the charity;
(iii)
notwithstanding anything in the governing instruments of the charity, by order restrict the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without his approval.
(2) Where, at any time after the Commissioner has instituted an inquiry under section 8 with respect to any charity, he is satisfied —
(a)
that there is or has been any misconduct or mismanagement in the administration of the charity; or
(b)
that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity,
the Commissioner may, with the consent of the Attorney-General, do one or more of the following things:
(i)
by order suspend any trustee, governing board member, officer, agent or employee of the charity from the exercise of his office or employment pending consideration being given to his removal (whether under this section or otherwise);
(ii)
by order appoint such number of additional governing board members or key officers as he considers necessary for the proper administration of the charity;
(iii)
by order vest any property held by or in trust for the charity in the Public Trustee, or require the persons in whom any such property is vested to transfer it to the Public Trustee, or appoint any person to transfer any such property to him;
(iv)
order any person who holds any property on behalf of the charity, or of any trustee for it, not to part with the property without the approval of the Commissioner;
(v)
order any debtor of the charity not to make any payment in or towards the discharge of his liability to the charity without the approval of the Commissioner;
(vi)
by order restrict (notwithstanding anything in the governing instruments of the charity) the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the approval of the Commissioner;
(vii)
by order appoint (in accordance with section 26) a receiver and manager in respect of the property and affairs of the charity.
(3) The references in subsections (1) and (2) to misconduct or mismanagement shall (notwithstanding anything in the governing instruments of the charity) extend to the employment for remuneration or reward of persons acting in the affairs of the charity, or for other administrative purposes, of sums which are excessive in relation to the property which is or is likely to be applied or applicable for the purposes of the charity.
(4) The Commissioner may remove a governing board member or key officer by order made of his own motion where the governing board member or key officer —
(a)
has been convicted of an offence involving dishonesty, fraud or moral turpitude;
(b)
is a bankrupt;
(c)
is a corporation in liquidation;
(d)
lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as governing board member or key officer;
(e)
has not acted, and will not declare his willingness or unwillingness to act; or
(f)
is outside Singapore or cannot be found or does not act, and his absence or failure to act impedes the proper administration of the charity.
(5) The Commissioner may, by order made of his own motion, appoint a person to be a governing board member or key officer —
(a)
in place of a governing board member or key officer removed by him under this section or otherwise;
(b)
where there are no governing board members, or where by reason of vacancies in their number or the absence or incapacity of any of their number the charity cannot apply for the appointment;
(c)
where there is a single governing board member or key officer, not being a corporation, and the Commissioner is of the opinion that it is necessary to increase the number for the proper administration of the charity; or
(d)
where the Commissioner is of the opinion that it is necessary for the proper administration of the charity to have an additional governing board member or key officer, because one of the existing governing board members or key officers who ought nevertheless to remain a governing board member or key officer cannot be found or does not act or is outside Singapore.
(6) The powers of the Commissioner under this section to remove or appoint governing board members or trustees for a charity shall include the power to make any such order with respect to the vesting in or transfer to the governing board members or trustees for a charity of any property as the Commissioner may make on the removal or appointment of a governing board member or trustee for the charity by him under section 24.
(7) Any order under this section for the removal or appointment of a governing board member or trustee for a charity, or for the vesting or transfer of any property, shall be of the like effect as an order made under section 24.
(8) Section 24(4) shall apply to orders under this section as it applies to orders under section 24.
(9) The power of the Commissioner to make an order under subsection (2)(i) shall not be exercisable so as to suspend any person from the exercise of his office or employment for a period of more than 12 months; but (without prejudice to the generality of section 42) any such order made in the case of any person may make provision as respects the period of his suspension for matters arising out of it, and in particular for enabling any person to execute any instrument in his name or otherwise act for him and, in the case of a governing board member, for adjusting any rules governing the proceedings of the governing board members to take account of the reduction in the number capable of acting.
(10) Before exercising any jurisdiction under this section (otherwise than by virtue of subsection (2)), the Commissioner shall give notice of his intention to do so to —
(a)
each of the governing board members; and
(b)
in the case of an order —
(i)
for the removal of any trustee for the charity or key officer;
(ii)
for the appointment of an additional trustee for the charity or a key officer; or
(iii)
for the transfer of any property,
each trustee for the charity or key officer concerned,
except those who cannot be found or who have no known address in Singapore.
(10A) A notice referred to in subsection (10) may be given by post and, if given by post, may be addressed to the last known address in Singapore of the governing board member or trustee for the charity or key officer, as the case may be.
(11) The Commissioner shall, at such intervals as he thinks fit, review any order made by him under subsection (2)(i), (iii), (iv), (v), (vi) or (vii); and if on any such review it appears to him that it would be appropriate to discharge the order in whole or in part, he shall so discharge it (whether subject to any savings or transitional provisions or not).
(12) Any person who contravenes an order under subsection (2)(iv), (v) or (vi) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
(13) Nothing in subsection (12) shall be taken to preclude the bringing of proceedings for breach of trust against any governing board member or trustee for a charity in respect of a contravention of an order under subsection (2)(iv) or (vi) (whether proceedings in respect of the contravention are brought against him under subsection (12)).
(14) This section shall not apply to an exempt charity.
[Charities Act 1985 Ed., s. 15]