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In force2011 Revised Edition

Act

Universiti Islam Sultan Sharif Ali Act

Setting up an Islamic university

Official textFrom Attorney General's Chambers, unchanged

s 1Citation

This Act may be cited as the Universiti Islam Sultan Sharif Ali Act.

s 2Interpretation

In this Act, unless the context otherwise requires —

“Constitution” means the Constitution of the University contained in the Schedule;

“regulation” means any regulation made in accordance with the provisions of the Constitution or any statute;

“statute” means any statute made in accordance with the provisions of the Constitution or any statute;

“University” means Universiti Islam Sultan Sharif Ali established by paragraph 3 of the Constitution.

s 3University Constitution

The provisions of the Constitution shall, on 14th August 2008 being the date of commencement of this Act, take effect and have the force of law.

(1)

The University shall keep and maintain an office in Brunei

Darussalam which shall be its address for service for all notices and other written communications of all kinds.

(2)

All notices and other written communications shall, if left at the office, kept and maintained under subsection (1), be deemed as having been

Universiti Islam Sultan Sharif Ali 4

duly served upon or delivered to the University or such officer or authority to whom they may have been addressed.

s 5Copies of statutes etc. to be kept at University Office

The University shall keep at the office mentioned in section 4 a copy of each current statute, regulation or other document required to be published under this Act or the Constitution, and shall keep the same available at all reasonable hours for inspection by the public and, where any book or copies of documents are, under this Act or the Constitution, required to be available for purchase by the public, such books or copies shall be kept available for purchase at such office or at some other place within Brunei Darussalam as the University may think fit.

(1)

The Minister of Finance shall cause to be paid to the University such moneys as may be approved by the Government from time to time as grants-in-aid to the University.

(2)

All moneys paid to the University under subsection (1) shall be applied or expended by the University for all or any of the purposes of the

University in accordance with the estimates approved under Part V of the

Constitution.

(3)

A copy of the accounts of the University for each financial year when prepared and audited in accordance with the Constitution shall, as soon as practicable after the completion of the audit, be sent to the Minister of

Finance.

(1)

Where any immovable property, not being State land, is needed for the purposes of the University, His Majesty the Sultan and Yang Di-Pertuan may if he thinks fit direct the acquisition of such property, and in such a case such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose and any declaration required under any such written law that such property, is so needed may be made notwithstanding that compensation is to be paid out of the funds of the University, and such declaration shall have effect as if it

Universiti Islam Sultan Sharif Ali were a declaration that such land is needed for a public purpose made in accordance with such written law.

(2)

Expenses and compensation in respect of any immovable property acquired under subsection (1) shall be paid by the University or from funds to be provided by the Government to the University for such purpose.

(3)

All State land granted or immovable property acquired under this section shall vest in the University and an entry to that effect in the appropriate register shall be made by the proper registering authority.

s 8Rules

His Majesty the Sultan and Yang Di-Pertuan may make rules generally for the purposes of this Act and may in such rules —

(a)

provide for the administration by the University of any trust;

(b)

exempt from the provisions of section 3 of the Stamp Act

(Chapter 34) any instrument purporting to have been executed under the provisions of paragraph 43 of the Constitution; and

(c)

generally make such provisions as may be necessary by reason for the establishment of the University.

s 9Exemption from estate duty

No estate duty shall be payable in respect of the amount of any bequest to the University, and the value of the property passing on the death of a deceased shall be deemed not to include the amount of such bequest for the purpose of fixing the rate of estate duty.

s 10Gifts to University exempt from income tax

The University shall be deemed to be a charitable institution for the purposes of section 10(1)(f) of the Income Tax Act (Chapter 35).

Universiti Islam Sultan Sharif Ali 6

(1)

Notwithstanding anything to the contrary in the Societies Act

(Chapter 203), the provisions of that Act shall have effect in relation to the

Universiti Islam Sultan Sharif Ali Student’s Association, its constituent bodies, other student bodies and the Association of Alumni constituted in accordance with the Constitution.

(2)

The Minister of Home Affairs may, by order published in the

Government Gazette, exempt the Universiti Islam Sultan Sharif Ali

Students’ Association and any of its constituent bodies or any other student body or the Association of Alumni from all or any of the provisions of the

Societies Act (Chapter 203), subject to such conditions as may be specified in the order.

s 12Enforcement of acts etc. done prior to date of commencement

Anything done, any property acquired and any appointment made for, by or on behalf of the University prior to 14th August 2008, being the date of commencement of this Act shall, on and after that date, be deemed to have been made for, by or on behalf of the University established by paragraph 3

of the Constitution.

Exemption, variation or addition to Constitution.

s 13

His Majesty the Sultan and Yang Di-Pertuan may amend, vary or add to the provisions of the Constitution or exempt any person or class of persons from any of such provisions.

Universiti Islam Sultan Sharif Ali

Schedules