National Retirement Scheme Act · 2024 Revised Edition · Part · General
48. Protection of employee’s interest in execution proceedings and sale under mortgage or charge
Official textFrom Attorney General's Chambers, unchanged
Whenever a writ of seizure and sale has been issued in execution of a judgment against an employer and any movable or immovable property or other assets belonging to the employer has been seized or sold or otherwise realised in pursuance of the execution and, prior to the payment of
employer
“employer” means the person with whom an employee has entered into a contract of service or apprenticeship and includes — (a) any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed; (b) the owners of any vessel on which an employee is employed; (c) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; (d) any foreign mission in Brunei Darussalam; (e) the Government in respect of such categories, classes or descriptions of officers or employees of the Government as the Minister may, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, declare to be employees for the purposes of this Act: Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of the Government in good faith;
National Retirement Scheme the proceeds of the sale or other realisation to an execution creditor, notice has been given to the officer charged with the execution of the writ by the
Scheme
“Scheme” means the National Retirement Scheme established and maintained under section 8;
Board that any sum is due to the Scheme, no part of the proceeds shall be paid to an execution creditor unless and until the court issuing the writ has ascertained and provided for the sum due to the Scheme at the date of the sale or other realisation.
Board
“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
In the event of any interest in any place of employment being sold on the application of a secured creditor under any written law in force for the time being and the Board giving to the officer charged with the conduct of the sale notice that a sum of money is due by the debtor to the Scheme, the proceeds of the sale shall not be paid to any creditor other than to the
Government or a secured creditor unless and until the court ordering the sale has ascertained and provided for the amount due to the Scheme at the date of the sale or unless the court is satisfied that all sums due to the Scheme have been paid up to the date of sale.
Terms defined in s 2
Board
Defined · s 2“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
employee
Defined · s 2“employee” means any person below the minimum retirement age being — (a) a citizen of Brunei Darussalam; or (b) a permanent resident, who is employed under a contract of service or apprenticeship or other agreement to work for an employer and includes the Minister, Deputy Minister, Ambassador, High Commissioner, Consul-General, Consul or such other person as His Majesty the Sultan and Yang Di-Pertuan may, by order published in the Gazette, prescribe but does not include any person or class of persons — (i) specified in Schedule 1; or (ii) declared by the Minister, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, not to be an employee for the purposes of this Act;
employer
Defined · s 2“employer” means the person with whom an employee has entered into a contract of service or apprenticeship and includes — (a) any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed; (b) the owners of any vessel on which an employee is employed; (c) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; (d) any foreign mission in Brunei Darussalam; (e) the Government in respect of such categories, classes or descriptions of officers or employees of the Government as the Minister may, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, declare to be employees for the purposes of this Act: Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of the Government in good faith;
Scheme
Defined · s 2“Scheme” means the National Retirement Scheme established and maintained under section 8;