S 2/2016
REVISED EDITION 2022
B.L.R.O. 8/2022
Tabung Amanah Pekerja Board
B.L.R.O. 8/2022 3
REVISED EDITION 2022
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Tabung Amanah Pekerja Board Act is Brunei Act, cited as Act 246 2014, currently marked in force and first recorded in 2014.
Chapter
REVISED EDITION 2022
B.L.R.O. 8/2022
Tabung Amanah Pekerja Board
B.L.R.O. 8/2022 3
REVISED EDITION 2022
Opening note
Part
Citation
This Act may be cited as the Tabung Amanah Pekerja Board Act.
Interpretation
In this Act, unless the context otherwise requires —
“Board” means the Tabung Amanah Pekerja Board established under section 3;
“Board of Directors” means the Board of Directors referred to in section 5;
“Chairman” means the Chairman of the Board of Directors referred to in section 5(2)(a);
“committee” means a committee appointed under section 9(1);
“Deputy Chairmen” means the Deputy Chairmen of the Board of
Directors referred to in section 5(2)(b);
“Fund” means the Tabung Amanah Pekerja Fund established under section 11;
“Managing Director” means the Managing Director appointed under section 5(3);
“member” means a member of the Board of Directors referred to in section 5(2);
“Minister” means the Minister of Finance and Economy.
Tabung Amanah Pekerja Board 8
Part
Establishment of Board
There is hereby established a board known as the Tabung Amanah
Pekerja Board which shall be a body corporate with perpetual succession and a common seal and shall, by that name, be capable of —
acquiring, owning, holding, developing or disposing of property, both movable and immovable; and
Common seal
The Board shall have a common seal and such seal may be changed, altered or made anew as the Board thinks fit.
All deeds and other documents requiring the seal of the Board shall be sealed with the common seal of the Board.
All instruments to which the common seal is affixed shall be signed by any two members generally or specially authorised by the Board for that purpose.
The Board may, by resolution or otherwise in writing, appoint an officer of the Board or any other person either generally or in any particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter within the powers of the
Board.
All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to any document and shall presume that it was duly affixed.
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Board of Directors
There shall be a Board of Directors which shall be responsible for the policy and general administration of the affairs and business of the
Board.
The Board of Directors shall consist of the following members —
such number of other directors, of whom not less than five shall be representatives of the Government, as His Majesty the Sultan and Yang Di-Pertuan may appoint.
His Majesty the Sultan and Yang Di-Pertuan shall appoint one of the directors to be the Managing Director.
Schedule 1 shall have effect with respect to the Board, its members and proceedings.
Managing Director
The Managing Director shall be entrusted with the day to day administration of the Board and the Fund, preparation of programmes, schemes or projects for the consideration of the Board and the implementation of decisions of the Board.
The Managing Director shall be an employee of the Board on such terms and conditions of service as His Majesty the Sultan and Yang
Di-Pertuan may decide.
The Managing Director shall be answerable to the Board of
Directors for his acts and decisions.
Directions of Minister
The Minister may give the Board such directions in writing, not inconsistent with the provisions of this Act, as he thinks fit, as to the exercise of any power or the performance of any function conferred or imposed on it by this Act, and the Board shall give effect to any such direction.
Tabung Amanah Pekerja Board 10
The Board shall furnish the Minister with such information with respect to its property, the exercise of its powers and performance of its functions as he may require.
Delegation of powers
The Board of Directors may, in respect of a specified matter or class of matter, in writing, delegate to any person or committee of the Board of Directors the exercise of any power or the performance of any function conferred or imposed on it by this Act, except for the power of delegation conferred by this section.
A delegation under subsection (1) may be —
subject to such conditions as may be determined by the Board of Directors in the instrument of delegation; and
The Board of Directors may continue to exercise any power and perform any function conferred or imposed on it by this Act notwithstanding the delegation by it of such power or function.
Committees
The Board of Directors may, in its discretion, appoint committees consisting of persons who are members or otherwise, for purposes which, in the opinion of the Board of Directors, would be better regulated and managed by such committees.
Subject to this Act and to the control of the Board of Directors, each committee may regulate its procedure in such manner as the committee thinks fit.
Employment of staff
The Board may appoint and employ for such terms of office and on such conditions of service as the Board may determine such other officers, employees and consultants as may be necessary for the effective performance of its functions.
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Part
Establishment of Fund
For the purposes of this Act, there shall be established a fund known as Tabung Amanah Pekerja Fund into which shall be paid all contributions to the trusts established under the written laws set out in Schedule 2 and out of which shall be met all payments authorised to be paid under those written laws.
Functions and duties of Board
The Board shall be the trustee of the Fund and all monies of the
Fund may be —
invested in any of the investments authorised by the
Government for the investment of trust money and the Board shall have power to convert the same into cash; or
used for the purchase of any property and for the construction of buildings for the purposes of the Board and to let the buildings or part thereof for the purposes of deriving income therefrom and the Board may dispose of all or any part of those property and buildings.
The Board shall be charged with the general administration of the written laws set out in Schedule 2 and the exercise of the functions and duties imposed on the Board by those written laws.
The Board may authorise any person to assist the Board in the exercise of its functions and duties under the written laws set out in
Schedule 2, either generally or in a particular case.
13.
Powers of Board
Subject to this Act, the Board may carry on such activities as appear to the Board to be advantageous, necessary or convenient for it to carry on, for or in connection with, the discharge of its functions under this
Act.
Tabung Amanah Pekerja Board 12
The Board shall, in addition to its powers and functions set out in this Act, exercise all the powers conferred or imposed on the Board under the written laws set out in Schedule 2.
PART 4
FINANCIAL PROVISIONS
14.
Financial year
The financial year of the Fund shall be determined by the Board.
15.
Accounts and financial statements
The Board shall keep proper accounts and records of its transactions and affairs 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 Board and over the expenditure incurred by it.
The Board 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 Board.
16.
Expenses
All expenses incurred by the Board including the cost of auditing the accounts of the trusts established under the written laws set out in Schedule 2
shall be defrayed out of the monies of the Fund.
17.
Audit
The accounts of the Fund shall be audited at least once annually by —
the Auditor General; or
any person who has been authorised to perform the duties required by the Companies Act (Chapter 39) to be performed by an auditor, who shall be appointed annually by the Board:
Provided that where the accounts of the Fund have been audited by a person appointed under subsection (1)(b), the report submitted under that
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subsection may be verified by the Auditor General before it is submitted to the Board.
The auditor shall in his report state —
whether the financial statements show fairly the financial transactions and the state of affairs of the Board;
whether proper accounting and other records have been kept, including records of all assets of the Board whether purchased or otherwise;
whether receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Board during the financial year were in accordance with the provisions of this Act; and
such other matter arising from the audit as he considers necessary.
18.
Powers of auditor
The auditor or any person authorised by him shall be entitled at all reasonable time to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Board.
The auditor or a person authorised by him may make copies of, or make extracts from, any such accounting and other records.
The auditor or any person authorised by him may require any person to furnish him with such information which that person possesses or has access to as the auditor or any duly authorised person considers necessary for the purposes of the functions of the auditor under this Act.
19.
Annual report
The Board shall, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the Board during the preceding financial year, and the Minister shall cause a copy of every such annual report to be presented to His Majesty the Sultan and Yang
Di-Pertuan.
Tabung Amanah Pekerja Board 14
PART 5
GENERAL
20.
Protection from personal liability
No suit or other legal proceedings shall lie against any member, officer or employee of the Board or any other person acting under the direction of the Board which is done in good faith or intended to be done in execution or purported execution of this Act or of the written laws set out in Schedule 2.
21.
Public servants
All members, officers and employees of the Board are deemed to be public servants for the purposes of the Penal Code (Chapter 22).
22.
Amendment of Schedules
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, by order published in the Gazette, amend the Schedules.
23.
Regulations
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations which are necessary or expedient for giving effect to and carrying out the provisions of this Act, including any other thing required to be or which may be prescribed under this Act, and for the due administration thereof.
Such regulations may include such incidental, consequential and supplementary provisions as the Minister considers necessary or expedient.
Transfer of functions, property etc.
24.
The provisions of Schedule 3 shall have effect for the purpose of the transfer to the Board of functions, property and for other transitional purposes specified in Schedule 3.
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SCHEDULE 1
(section 5(4))
CONSTITUTION AND PROCEEDINGS OF BOARD OF DIRECTORS
Terms and conditions of office 1.
The appointment of members including the Chairman and Deputy Chairmen shall be liable to be revoked at any time by His Majesty the Sultan and Yang Di-Pertuan but they shall, unless their appointment is so revoked or they resign in the meantime, hold office for a term of 2 years or for such shorter period as His Majesty the Sultan and
Yang Di-Pertuan may in each case determine:
Provided that the term of 2 years does not apply to the Managing Director.
Times, places and quorum of meetings 2.
(1)
The Board of Directors shall meet at least once a year at such time and place as the Chairman may determine.
(2)
At every meeting of the Board of Directors, the quorum of the Board of
Directors shall be five.
(3)
A decision at a meeting of the Board of Directors shall be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairman of the meeting shall have a casting vote.
(4)
The Board of Directors may invite or request any person, who is not a member, to attend a meeting of the Board of Directors for the purpose of giving advice to the Board on any matter.
Presiding at meetings of Board of Directors 3.
(1)
The Chairman shall preside at all meetings of the Board of Directors at which he is present.
(2)
The Chairman or in his absence, one of the Deputy Chairmen, to be appointed by him, shall preside at meetings of the Board of Directors.
Conduct of business 4.
(1)
The Board of Directors may conduct its business and regulate its own procedure, including its meetings, in the way it considers appropriate.
Tabung Amanah Pekerja Board 16
SCHEDULE 1 —
(continued)
(2)
The Board of Directors shall cause proper records of its proceedings to be kept.
Disqualification from membership 5.
No person shall be eligible to be appointed or to remain a member if he —
(a)
is of unsound mind or otherwise incapable of performing his duties;
(b)
has been convicted of any offence involving fraud, dishonesty or moral turpitude; or
(c)
is an undischarged bankrupt or has made an arrangement with his creditors.
Vacation of office 6.
The seat of a member shall become vacant —
(a)
on his death;
(b)
if he becomes in any manner disqualified for membership of the Board of Directors;
(c)
if he resigns his seat; or
(d)
if his appointment is revoked.
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SCHEDULE 2
(sections 11, 12(2) and (3), 13(2), 16 and 20)
LIST OF WRITTEN LAWS
1.
Employee Trust Act (Chapter 167)
2.
Supplemental Contributory Pensions Order, 2009 (S 58/2009).
Tabung Amanah Pekerja Board 18
SCHEDULE 3
(section 24)
TRANSFER OF FUNCTIONS, PROPERTY ETC. TO BOARD
Dissolution of Supplemental Contributory Pensions Board 1.
On 1st April 2014, the Supplemental Contributory Pensions Board shall be dissolved.
Power of Board to exercise functions and powers under S 58/2009 2.
(1)
On 1st April 2014, the Board shall, in addition to its powers, duties and functions set out in this Act, exercise all the powers and perform all the functions and duties conferred or imposed on the Supplemental Contributory Pensions Board under the Supplemental Contributory Pensions Order, 2009 (S 58/2009).
(2)
Any decision made by the Supplemental Contributory Pensions Board or any other person authorised under the Supplemental Contributory Pensions
Order, 2009 (S 58/2009) before 1st April 2014 is deemed to be a decision by the
Board.
(3)
Any permission, consent, approval or authorisation granted by the
Supplemental Contributory Pensions Board or any other person authorised under the
Supplemental Contributory Pensions Order, 2009 (S 58/2009) before 1st April 2014
shall, so far as it is not inconsistent with any provision of this Act, be deemed to be a permission, consent, approval or authorisation granted by the Board.
(4)
Any certificate, notice, order, direction or declaration issued or made by the
Supplemental Contributory Pensions Board or any other person authorised under the
Supplemental Contributory Pensions Order, 2009 (S 58/2009) before 1st April 2014 is deemed to be a certificate, notice, order, direction or declaration issued or made by the Board or an officer of the Board.
(5)
Where in any document made before 1st April 2014 in connection with or related to the Supplemental Contributory Pensions Order, 2009 (S 58/2009), any reference is made to the Supplemental Contributory Pensions Board, such reference shall, as from 1st April 2014, be read as the Tabung Amanah Pekerja Board.
Transfer of property, assets and liabilities 3.
(1)
On 1st April 2014, all property vested in the Supplemental Contributory
Pensions Board and all assets, rights, interests, privileges, liabilities and obligations of the Supplemental Contributory Pensions Board shall be transferred to and vested in the
Board without further assurance.
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SCHEDULE 3 —
(continued)
(2)
If any question arises as to whether any particular property, asset, right, interest, privilege, liability or obligation has been transferred to or vested in the Board under sub-paragraph (1), a certificate under the hand of the Minister shall be conclusive evidence that the property, asset, right, interest, privilege, liability or obligation was or was not so transferred or vested.
Transfer of employees 4.
(1)
On 1st April 2014, all persons employed immediately before that date by the
Supplemental Contributory Pensions Board shall be transferred to the service of the
Board on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(2)
Until such time as the scheme and terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the Supplemental
Contributory Pensions Board shall continue to apply to every person transferred to the service of the Board under sub-paragraph (1) as if he were still in the service of the
Supplemental Contributory Pensions Board.
Existing contracts, agreements etc.
5.
All contracts, deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before 1st April 2014 to which the Supplemental Contributory
Pensions Board or any person acting on its behalf, is a party and relating to —
(a)
any property, assets, rights, interests, privileges, liabilities or obligations transferred to or vested in the Board under paragraph 3(1); or
(b)
any employee of the Supplemental Contributory Pensions Board transferred to the service of the Board under paragraph 4(1), shall continue in force on and after that date and shall be enforceable by or against the
Board as if, instead of the Supplemental Contributory Pensions Board or a person acting on behalf of the Supplemental Contributory Pensions Board, the Board had been named therein or had been a party thereto.
Pending proceedings 6.
Any proceedings or cause of action pending or existing immediately before 1st April 2014 by or against the Supplemental Contributory Pensions Board or any person acting on behalf of the Supplemental Contributory Pensions Board may be continued and shall be enforced by or against the Board.
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