Act · 2022 Revised Edition
Universiti Teknologi Brunei Act (Formerly Known as Institut Teknologi Brunei Act)
Setting up a technology universityOfficial textFrom Attorney General's Chambers, unchanged
s 1Citation
This Act may be cited as the Universiti Teknologi Brunei Act.
s 2Interpretation
In this Act, unless the context otherwise requires —
“Constitution” means the Constitution of the Universiti as contained in the Schedule;
(deleted by S 6/2017);
“Minister” means the Minister of Education;
“Universiti” means the Universiti Teknologi Brunei established under section 3(1).
There is hereby established a university, known by the name and style “Universiti Teknologi Brunei” and by which name and style consititutes a body corporate having perpetual succession.
The establishment of the Universiti is for the purpose of providing, promoting and developing higher education in the fields of engineering, business information and communication technology and any other fields as may be directed by the Council as well as to provide for research and the accumulation and advancement of knowledge and the dissemination of such knowledge in the aforesaid fields of study.
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The site of the Universiti shall be located at Universiti Teknologi
Brunei, Tungku Link, Gadong, BE 1410 Brunei Darussalam and this shall be its address for service for all notices and other written communications of all kinds.
All notices and other written communications shall, if left at the office kept and maintained under subsection (3), be deemed as having been duly served upon or delivered to the Universiti or such officer or authority to whom they may have been addressed.
s 4Copies of statutes etc. to be kept at Universiti office [S 6/2017]
The Universiti shall keep at the office mentioned in section 3(3) 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 document 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 Universiti may think fit.
Universiti as body corporate [S 6/2017]
s 5
The Universiti shall be a body corporate having perpetual succession and have full power and authority —
to sue and be sued in its corporate name;
to have and use a common seal and may break, change, alter and make anew such seal as it shall think fit;
for the purposes of this Act and the Constitution and subject to the statutes and regulations, to purchase any property and to take, accept and hold any such property which may become vested in it by virtue of any such purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise;
to sell, mortgage, lease, exchange or otherwise dispose of any such property;
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to convey, assign, surrender, yield up, charge, sell, mortgage, lease, exchange, demise, write-off, reassign, transfer or otherwise dispose of, or deal with, any property of any description or any interest therein vested in the Universiti; and
to exercise and perform, in accordance with the provisions of this Act, the Constitution, the statutes and regulations, all powers and duties conferred or imposed upon the Universiti by such provisions.
Constitution of Universiti [S 6/2017]
The Universiti shall have its own constitution to provide for matters pertaining to the purpose of its establishment and incorporation and for related matters.
Subject to the provisions of this Act, the Universiti shall be governed by the provisions of the Constitution.
The Minister may, after consulting the Council and with the approval of His Majesty the Sultan and Yang Di-Pertuan, amend the
Constitution.
Regulations made under the Constitution are not deemed to be subsidiary legislation.
Powers and objectives of Universiti [S 6/2017]
The powers of the Universiti are as prescribed by and subject to this Act and the Constitution.
The objectives of the Universiti are —
to provide instruction and training in engineering, business information and communication technology and any other fields as may be directed by the Council;
to aid by research and other means the advancement of knowledge and its practical application; and
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to promote the exchange of knowledge and skills with business and industry.
The Universiti may —
provide such facilities for its students as it considers desirable;
establish lectureships and other posts and offices and make appointments thereto and employ such other staff as the Universiti considers necessary;
fix, demand and receive fees and other charges;
provide technical and consultancy services to business and industry as it considers desirable;
form or participate in the formation of companies or other undertakings having such objectives as may be approved by the
Council;
solicit and receive donations and contributions from any source or raise funds by all lawful means;
give donations and contributions to any person or organisation; and
do all such things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
s 8General powers to transact business
The Universiti shall, subject to the provisions of this Act, have power to do any thing, and to enter into any transaction, which in its opinion is calculated to facilitate the proper discharge of its duties or the performance of its functions or the exercise of its powers under this Act or is incidental or conducive thereto.
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Rights, liabilities and obligations of Universiti [S 6/2017]
s 9
Subject to the provisions of this Act and the Constitution, all rights, liabilities and obligations relating to any matter which immediately before 27th October 2010, being the commencement date of this Act, were the responsibility of the Universiti Teknologi Brunei shall on that date devolve upon the Universiti.
Common seal of Universiti [S 6/2017]
The common seal of the Universiti shall be such seal as may be approved by the Chancellor on the recommendation of the Council and such seal may in like manner be broken, altered and made anew.
The common seal of the Universiti shall be kept in the custody of the Registrar and Secretary.
The common seal of the Universiti shall not be affixed to any instrument except in the presence of —
the Vice-Chancellor; and
one other member of the Council, who shall sign their names to the instrument in token of such presence and such signature shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Universiti.
Notwithstanding subsection (3) —
in the case of the scroll of a degree, diploma and other higher degree, the common seal of the Universiti shall be affixed; and
in the case of the scroll of a certificate and other academic distinction, the common seal of the Universiti shall be affixed to it in the presence of an officer authorised by the Vice-Chancellor.
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The common seal of the Universiti shall be officially and judicially noticed.
Any document or instrument which, if executed by a person not being a body corporate, will not be required to be under seal, may in like manner be executed by the Universiti provided that such document or instrument shall be executed on behalf of the Universiti by any officer or staff generally or specially authorised by the Council.
Council and Senate of Universiti [S 6/2017]
The Council, subject to the provisions of this Act and the
Constitution, shall be the supreme governing body of the Universiti and shall administer the property and manage the affairs of the Universiti.
Subject to the provisions of this Act and the Constitution and to the financial control of the Council, the Senate shall have the regulation of all matters relating to education in the Universiti.
No act or resolution of the Council or the Senate shall be invalid by reason only of any vacancy in, or any defect in the qualification or appointment of any member of, any such body.
Faculties, Centres and Schools of Universiti [S 6/2017]
There shall be such numbers and names of Faculties, Centres and
Schools as may be constituted by the Council on the recommendation of the
Senate and prescribed by statute.
The Universiti may, after consultation with the Board of Studies, set up departments or other units or bodies in respect of any Faculty, Centre or School and appoint a head of department, unit or body for such Faculty,
Centre or School with such powers as may be conferred by the Council.
The Council may, on the recommendation of the Senate, form, dissolve or re-form such Faculties, Centres or Schools and any of their respective departments, centres, units or other sub-divisions as it may consider desirable.
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The Board of a Faculty, Centre or School shall be responsible to the Senate for the organisation of instruction in the programme of study within the purview of the Faculty, Centre or School, as the case may be, and may exercise such other functions as may be conferred on it by statute or regulation.
The composition of the Board of a Faculty, Centre or School shall be as prescribed by statute.
The Universiti may, with prior written approval of the Minister —
conduct any course of study jointly or in association, affiliation, collaboration or by way of franchise or otherwise, with any other university, university college, institute, higher educational institution or professional body or any organisation, within or outside
Brunei Darussalam; and
conduct any such course of study either wholly or partly within or outside Brunei Darussalam.
The approval of the Minister under subsection (1) may be given subject to such conditions as the Minister may specify.
The Minister shall not give approval under subsection (1) unless he is satisfied that the Universiti has made all the necessary arrangements with the other university, university college, institute, higher educational institution or professional body, or organisation concerned for the conduct of the course of study.
In this section, “affiliation” includes the conduct of twinning, articulation or joint award programmes.
The Council, the Senate and the Vice-Chancellor may establish such committees as they think fit.
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Unless otherwise expressly provided, any committee may consist partly of persons who are not members of the Council or the Senate or officers of the Universiti, as the case may be.
Subject to the provisions of this Act and the Constitution, the
Council, the Senate and the Vice-Chancellor may, with or without conditions as they think fit, delegate any of their powers and duties to any committee.
The Vice-Chancellor, the Deputy Vice-Chancellor, the Assistant
Vice-Chancellor and the Registrar and Secretary and other officers of the
Universiti shall be appointed in accordance with the Constitution.
The academic staff of the Universiti shall be the deans of the
Faculties, lecturers and such other persons as may be designated as members of the academic staff by the Constitution and shall be appointed by the
Council on the recommendation of the Vice-Chancellor.
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 shall be such as are prescribed by this Act, the
Constitution and the terms of their respective appointments; but the Council may assign to any officer, and in the case of any member of the academic staff on the recommendation of the Vice-Chancellor, such further powers and duties as the Council may think fit.
s 16Examinations
All examinations held and conducted by the Universiti shall be conducted in such manner as may be prescribed by the Constitution and any regulations made thereunder.
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s 17Power to confer diplomas etc.
The Universiti shall have power —
to award degrees, diplomas and certificates and such other academic distinctions as may be specified in regulations made under the Constitution; and
to provide such lectures and instruction for persons who are not registered students as the Universiti may determine, and to award diplomas, certificates and such other academic distinctions to such persons.
The Minister shall cause to be paid to the Universiti such moneys as may be provided by the Ministry of Finance and Economy from time to time as grants-in-aid to the Universiti.
All moneys paid to the Universiti under subsection (1) may be applied or expended by the Universiti for the attainment of all or any of the objectives of the Universiti.
s 19Issue of shares etc.
As a consequence of the vesting of any property, rights or liabilities of the Government in the Universiti under this Act, or of any capital injection or other investment by the Government in the Universiti in accordance with any written law, the Universiti shall issue such shares or other securities to the
Minister of Finance and Economy as that Minister may direct.
The Council shall cause proper accounting and other records to be kept of the financial transactions of the Universiti and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Universiti and over the expenditure incurred by the Universiti.
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The Council shall, as soon as practicable after the close of each financial year, cause financial statements in respect of that year to be prepared and submitted to the auditor of the Universiti.
The accounts of the Universiti shall be audited by the Auditor
General or such other auditor as may be appointed annually by the Minister after consultation with the Auditor General.
A person shall not be qualified for appointment as an auditor under subsection (1) unless he is an approved company auditor under the
Companies Act (Chapter 39).
The remuneration of the auditor shall be paid out of the funds of the Universiti.
The auditor or any person authorised by him shall be entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Universiti and may make copies of, or extracts from, any such accounting and other records.
The auditor shall in his report state —
whether the financial statements show fairly the financial transactions and the state of affairs of the Universiti;
whether proper accounting and other records have been kept, including records of all assets of the Universiti whether purchased, donated or otherwise;
whether receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Universiti during the financial year were in accordance with the provisions of this Act; and
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such other matters arising from the audit as he considers necessary.
The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Council and shall also submit such periodical and special reports to the Minister and to the
Council as may appear to him to be necessary or as the Minister or the
Council may require.
The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor or the person authorised by him considers necessary for the purposes of his functions under this Act.
Any person who fails without reasonable excuse to comply with any requirement of the auditor under subsection (1) or who otherwise hinders, obstructs or delays the auditor in the performance of his duties or the exercise of his powers is guilty of an offence and liable on conviction to a fine not exceeding $1,000.
Presentation of financial statements and auditor’s report to Minister of
The Council shall, as soon as the financial statements have been audited in accordance with the provisions of this Act, send to the Minister of
Finance and Economy a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor’s report.
Where the Auditor General is not the auditor of the Universiti, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor General when they are submitted to the
Council.
The Minister shall as soon as practicable cause a copy of the audited financial statements and of the auditor’s report to be presented to
His Majesty the Sultan and Yang Di-Pertuan.
The Council shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report
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dealing generally with the activities of the Universiti during the preceding financial year and containing such information relating to the proceedings and policy of the Universiti as the Minister may, from time to time, direct.
The Minister shall as soon as practicable cause a copy of every such report to be presented to His Majesty the Sultan and Yang Di-Pertuan.
Where any immovable property, not being State land, is needed for the purposes of the Universiti, His Majesty the Sultan and Yang
Di-Pertuan may if His Majesty the Sultan and Yang Di-Pertuan 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
Universiti, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.
Expenses and compensation in respect of any immovable property acquired under subsection (1) shall be paid by the Universiti or from funds to be provided by the Government to the Universiti for that purpose.
All State land granted or immovable property acquired under this section shall vest in the Universiti, and an entry to that effect in the appropriate register shall be made by the proper registering authority.
s 26Exemption from estate duty
No estate duty shall be payable in respect of the amount of any bequest to the Universiti, and the value of the property passing on the death of a deceased is deemed not to include the amount of such bequest for the purpose of fixing the rate of estate duty.
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s 27Gifts to Universiti exempt from income tax [S 6/2017]
The Universiti is deemed to be a charitable institution for the purposes of section 10(l)(f) of the Income Tax Act (Chapter 35).
Notwithstanding anything to the contrary in the Societies Act
(Chapter 203), the provisions of that Act shall have effect in relation to the
Universiti Teknologi Brunei Student’s Association, its constituent bodies, other student bodies and the Association of Alumni constituted in accordance with the Constitution.
The Minister of Home Affairs may, by order published in the
Gazette, exempt the Universiti Teknologi Brunei Students’ Association, any of its constituent bodies, 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 29Enforcement 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 Universiti prior to 27th October 2010, 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 Universiti.
s 30Rules
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make rules generally for the purposes of this Act and may in such rules —
provide for the administration by the Universiti of any trust;
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
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generally make such provisions as may be necessary by reason for the establishment of the Universiti.
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