UNIVERSITI TEKNOLOGI BRUNEI
S 98/2010 2012 Edition, Chapter 214
Amended by
S 6/2017
REVISED EDITION 2022
B.L.R.O. 6/2022
Universiti Teknologi Brunei
B.L.R.O. 6/2022 3
REVISED EDITION 2022
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Universiti Teknologi Brunei Act ( Formerly Known as Institut Teknologi Brunei Act) is Brunei Act, cited as Act 214 2010, currently marked in force and first recorded in 2010.
Chapter
S 98/2010 2012 Edition, Chapter 214
Amended by
S 6/2017
REVISED EDITION 2022
B.L.R.O. 6/2022
Universiti Teknologi Brunei
B.L.R.O. 6/2022 3
REVISED EDITION 2022
Opening note
Citation
This Act may be cited as the Universiti Teknologi Brunei Act.
Interpretation
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).
Establishment and incorporation
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.
Copies 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]
The Universiti shall be a body corporate having perpetual succession and have full power and authority —
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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The Universiti may —
establish lectureships and other posts and offices and make appointments thereto and employ such other staff as the Universiti considers necessary;
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;
do all such things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
General powers to transact business 8.
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]
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 —
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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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.
Conduct of study, jointly etc. with university etc.
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.
Committees and delegation of powers 14.
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.
Officers and academic staff 15.
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.
Examinations 16.
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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Power 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.
Grants-in-aid 18.
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.
Issue 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.
Accounts and financial statements 20.
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.
Audit of accounts 21.
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 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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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.
Failure to furnish information to auditor 22.
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
Finance and Economy 23.
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.
Annual report 24.
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.
Acquisition of land for purposes of Universiti [S 6/2017]
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.
Exemption from estate duty 26.
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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Gifts 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).
Application of Chapter 203 to student bodies 28.
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.
Enforcement of acts etc. done prior to date of commencement 29.
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.
Rules 30.
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 —
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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(section 2)
CONSTITUTION OF UNIVERSITI TEKNOLOGI BRUNEI
Paragraph
PART 1
PRELIMINARY
1.
Citation and objective 2.
Interpretation 3.
Amendment to Constitution
PART 2
UNIVERSITI
4.
5.
Powers of Universiti
Admission of students or appointment of staff
PART 3
PRINCIPAL OFFICERS OF UNIVERSITI
6.
7.
Chancellor 8.
Pro-Chancellor 9.
Vice-Chancellor 10.
Deputy Vice-Chancellor 11.
Assistant Vice-Chancellor 12.
Registrar and Secretary, Chief Librarian, Bursar and Head of Estate
Other principal officers
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PART 4
UNIVERSITI AUTHORITIES
13.
14.
Authorities 15.
Council 16.
Powers of Council 17.
Senate 18.
Faculties, Centres and Schools
Appointment of heads and deputy heads of institutions and heads of teaching departments or programmes 19.
20.
Board of Studies 21.
Board of Selection for lecturers 22.
Boards of Selection for other appointments 23.
Board of Student Welfare 24.
Association of Alumni 25.
Term of office of members of authorities 26.
Meetings
Power to regulate proceedings
PART 5
STATUTES AND REGULATIONS
27.
28.
Statutes 29.
Procedure on making, amending or revoking statutes 30.
Regulations 31.
Procedure on making, amending or revoking regulations 32.
Regulations for procedure of Council and Senate 33.
Disciplinary provisions 34.
Publication of statutes and regulations
Constitution, inconsistencies between statutes etc.
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PART 6
FINANCIAL PROVISIONS
35.
36.
Standing Finance Committee 37.
Preparation of estimates and financial year 38.
Annual estimates 39.
Supplementary estimates 40.
No expenditure to be incurred unless included in estimate 41.
Forms of estimates
Power of Council to accept gifts etc.
42.
43.
Property given for specific purposes to be separately accounted for 44.
Form of contracts 45.
Dividends prohibited
Audit
PART 7
STUDENTS OF UNIVERSITI
46.
47.
Admission of students 48.
Students’ Association and Students’ Representative Council 49.
Establishment of other student bodies 50.
Acts by students against Constitution, statutes or regulations of Universiti
Acts by student bodies ultra vires their own constitution and Constitution, statutes or regulations of Universiti 51.
Suspension and expulsion of student charged with criminal offence or against whom criminal offence is proved 52.
Disciplinary authority in respect of students
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PART 8
GENERAL
53.
Convocation 54.
Disciplinary provisions and disciplinary authority in respect of staff of
Universiti 55.
Appointment of lecturers and employees 56.
All appointments to be subject to Act and subsidiary legislation thereunder 57.
Powers of delegation 58.
Deprivation of degree etc. on ground of misconduct 59.
Disputes as to elections to be determined by Chancellor
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(section 2)
CONSTITUTION OF UNIVERSITI TEKNOLOGI BRUNEI
PART 1
PRELIMINARY
Citation and objective 1.
This Constitution may be cited as the Constitution of Universiti Teknologi
Brunei.
The objective of this Constitution is to make provision for matters pertaining to the purpose of the establishment and incorporation of Universiti Teknologi Brunei and for other purposes relating thereto or connected therewith.
Interpretation 2.
In this Constitution, unless the context otherwise requires —
“Association of Alumni” means the Association formed and established in accordance with paragraph 23;
“authority” means any of the authorities of the Universiti referred to in paragraph 13 and includes any authority established by statute;
“Bursar” means the Bursar of the Universiti;
“chair” means the post of professor;
“Chancellor” means the Chancellor of the Universiti and includes any other person by whatever name called, who has been appointed as the Head of the
Universiti and “Pro-Chancellor” shall be construed accordingly;
“Convocation” means a convocation held in accordance with paragraph 53;
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SCHEDULE —
(continued)
“Council” means the Council of the Universiti constituted in accordance with paragraph 14;
“Faculty” means a Faculty established under paragraph 17;
“institution” means a Faculty, Centre or School or other body established under paragraph 17;
“lecturer” means a person appointed to be a lecturer by the Council in accordance with the Act, and includes a professor, associate professor, senior lecturer, lecturer or assistant lecturer;
“Principal officer”
means the
Chancellor, a
Pro-Chancellor, a Vice-Chancellor, a Deputy Vice-Chancellor, an Assistant Vice-Chancellor, the Dean of a Faculty, the Head of a Centre or School, the Registrar and
Secretary, the Chief Librarian, the Bursar, the Head of Estate or the holder of any office which is created by statute and accorded such status;
“Registrar and Secretary” means the Registrar and Secretary of the
Universiti;
“regulation” means any regulation made in accordance with the provisions of this Constitution or any statute;
“Senate” means the Senate of the Universiti constituted in accordance with paragraph 16;
“statute” means any statute made in accordance with this Constitution.
References in this Constitution to a paragraph are references to a paragraph of this Constitution.
Amendment to Constitution 3.
His Majesty the Sultan and Yang Di-Pertuan may amend any provision of this
Constitution or exempt any person or class of person from any of such provisions.
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SCHEDULE —
(continued)
PART 2
UNIVERSITI [S 6/2017]
Powers of Universiti [S 6/2017]
4.
The Universiti shall, subject to the provisions of this Constitution, have the following powers —
(a)
to provide courses of instruction, to hold examinations, to make provisions for research, and to take such other steps as may appear necessary or desirable for the advancement and dissemination of knowledge;
(b)
to confer degrees, diplomas and certificates, including external degrees and diplomas, upon persons who have followed courses of study approved by the
Universiti and have satisfied such other requirements as may be prescribed by statute or regulation;
(c)
to recognise the degrees, diplomas and certificates of other institutions of higher learning for the purpose of admission to the courses and examinations of the Universiti and of the award of higher degrees on holders of such degrees, diplomas or certificates or on graduates of the Universiti on such conditions as may be prescribed by statute or regulation;
(d)
to confer degrees upon lecturers of the Universiti who have satisfied such requirements as may be prescribed by statute or regulation;
(e)
to confer honorary degrees on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service;
(f)
to grant certificates to persons who have attained proficiency in any branch or branches of knowledge;
(g)
to institute chairs, lectureships, and other posts and offices, and to make appointments thereto;
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SCHEDULE —
(continued)
(h)
to establish the Universiti printing press and to publish books and other matters;
(i)
to erect, equip and maintain libraries, laboratories, museums, lecture halls, halls of residence and all other buildings required for the purposes of the
Universiti;
(j)
to institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and other forms of assistance towards the advancement and dissemination of knowledge;
(k)
to invest, in land or securities, such funds as may be vested in it for the purpose of endowment, whether for general or special purposes, or such other funds as may not be immediately required for current expenditure, with power to vary any such investment and to deposit any money for the time being uninvested with any bank either upon fixed deposit or upon current account;
(l)
to enter into contracts, to appoint such staff and to establish such trusts, as may be required for the purposes of the Universiti;
to appoint, promote and discipline officers, lecturers and staff of the
Universiti;
(n)
to regulate the conditions of service of the staff of the Universiti, including schemes of service, salary scales, leave and discipline subject to the provisions of any other written law;
(o)
to regulate and provide for the residence of officers, lecturers, staff and students of the Universiti and the welfare and discipline of officers, lecturers, staff and students;
(p)
to demand and receive such fees as may be prescribed by the Council;
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SCHEDULE —
(continued)
(q)
to do all such acts and things, whether or not incidental to the abovementioned powers as may be requisite in order to further instruction, research and development, finance, administration, welfare and discipline in the
Universiti; and
(r)
to establish and manage its own funds.
If His Majesty the Sultan and Yang Di-Pertuan is satisfied that it is appropriate to confer an honorary degree upon a foreign dignitary, the Universiti shall, on the direction of His Majesty the Sultan and Yang Di-Pertuan, confer such degree.
Admission of students or appointment of staff 5.
The Universiti shall observe such instructions as His Majesty the Sultan and
Yang Di-Pertuan may give with regard to the admission of students or appointment of staff of the Universiti and such instructions may include the reservation of such number of Universiti places or appointments as His Majesty the Sultan and Yang Di-Pertuan may think fit for persons who are citizens of Brunei Darussalam.
PART 3
PRINCIPAL OFFICERS OF UNIVERSITI [S 6/2017]
Chancellor 6.
There shall be a Chancellor who shall be His Majesty the Sultan and Yang
Di-Pertuan.
The Chancellor shall be the Head of the Universiti and shall have the following functions —
(a)
to preside at meetings of the Council and any convocation of the
Universiti;
(b)
to receive an annual report on the Universiti from the Vice-Chancellor;
(c)
to receive such special reports as the Council may submit; and
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SCHEDULE —
(continued)
(d)
to exercise such powers and duties as may be conferred upon him by this Constitution or any statute or regulation.
Pro-Chancellor 7.
The Chancellor may appoint one or more persons to be Pro-Chancellors.
If for any reason the Chancellor is unable to exercise any of his functions under this Constitution or any statute or regulation, he may authorise any of the
Pro-Chancellors to exercise such functions on his behalf.
Every Pro-Chancellor shall hold office during the pleasure of the
Chancellor.
Vice-Chancellor 8.
His
Majesty the
Sultan and
Yang
Di-Pertuan shall appoint a Vice-Chancellor for the Universiti.
The Vice-Chancellor shall be the principal executive and academic officer of the Universiti.
It shall be the duty of the Vice-Chancellor —
(a)
to see that the provisions of this Constitution and the statutes and regulations are observed, and he shall have all such powers as may be necessary for this purpose and, in particular, to ensure that every authority or committee keeps within its powers or terms of reference; and
(b)
to exercise, subject to the provisions of this Constitution, general supervision over the arrangements for instruction, research, finance, administration, welfare and discipline in the Universiti, and to exercise such other powers as may be conferred upon him by this Constitution and any statute or regulation.
The term of office and other conditions of service of the Vice-Chancellor shall be determined by His Majesty the Sultan and Yang Di-Pertuan of
Brunei Darussalam, after consultation with the Council, and shall be binding on the
Universiti.
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SCHEDULE —
(continued)
Subject to the provision of this Constitution or any statute or regulation, the
Vice-Chancellor shall be ex-officio Chairman of every authority of the Universiti.
Deputy Vice-Chancellor 9.
His Majesty the Sultan and Yang Di-Pertuan may, after consultation with the
Vice-Chancellor, appoint one or more Deputy Vice-Chancellors.
Any fit and proper person from within or outside the Universiti may be appointed as a Deputy Vice-Chancellor, and the term of office and other conditions of service of a Deputy Vice-Chancellor shall be determined by His Majesty the Sultan and
Yang Di-Pertuan, after consultation with the Council and shall be binding on the
Universiti.
The duties of a Deputy Vice-Chancellor shall be prescribed by the
Vice-Chancellor or by this Constitution or any statute or regulation.
If the Vice-Chancellor is unable to exercise any of the functions of his office by reason of illness, leave of absence or any other cause, the following arrangements shall apply —
(a)
where the Vice-Chancellor has been appointed in an ex-officio capacity, the person acting or discharging the functions of that ex-officio capacity is deemed to be acting as Vice-Chancellor;
(b)
where the Vice-Chancellor has been appointed by name, a Deputy
Vice-Chancellor, if appointed, or, if there is more than one Deputy
Vice-Chancellor, such one of them as may be named by the Vice-Chancellor shall exercise such functions; and in the event of the absence or disability of the
Deputy Vice-Chancellor or all the Deputy Vice-Chancellors (if there be more than one) or if no Deputy Vice-Chancellor has been appointed, His Majesty the
Sultan and Yang Di-Pertuan shall, after consultation with the Minister of
Education, make such temporary arrangements as His Majesty the Sultan and
Yang Di-Pertuan may think fit for the exercise of the functions of the
Vice-Chancellor.
Assistant Vice-Chancellor 10.
The Council may appoint one or more Assistant Vice-Chancellors on such conditions of service as the Council may determine.
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SCHEDULE —
(continued)
Registrar and Secretary, Chief Librarian, Bursar and Head of Estate 11.
The Council shall appoint a Registrar and Secretary, a Chief Librarian, a Bursar and Head of Estate, who shall be full-time principal officers of the Universiti and who shall have such powers and duties as may be prescribed by statute.
Other principal officers 12.
The Universiti may appoint such other principal officers as may be prescribed by statute.
PART 4
UNIVERSITI AUTHORITIES [S 6/2017]
Authorities 13.
The authorities of the Universiti shall be the Council, the Senate, the Board of Studies, the Board of Institution, the Board of Selection, the Board of Student
Welfare, and such other bodies as may be prescribed by statute.
Subject to the provisions of this Constitution, the composition, powers and procedure of the authorities shall be prescribed by statute.
Council 14.
The Council shall consist of —
(a)
a Chairman, who shall be appointed by His Majesty the Sultan and
Yang Di-Pertuan;
(b)
a Deputy Chairman who shall be appointed by His Majesty the Sultan and Yang Di-Pertuan;
(c)
the Vice-Chancellor;
(d)
such numbers of persons as may be appointed by His Majesty the
Sultan and Yang Di-Pertuan on the advice of the Vice-Chancellor;
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SCHEDULE —
(continued)
(e)
one person elected by the Senate from among its members other than the Vice-Chancellor or Deputy Vice-Chancellor;
(f)
the Permanent Secretary of the Ministry of Finance and Economy or his representative;
(g)
the Permanent Secretary of the Ministry of Education responsible for higher education or his representative;
(h)
the Permanent Secretaries of such other Ministries or their respective representatives as His Majesty the Sultan and Yang Di-Pertuan may appoint, after consultation with the Chairman of the Council;
(i)
the Attorney General or his representative;
(j)
the Director-General of the Public Service Department or his representative; and
(k)
one representative of the Association of Alumni elected from among its members provided that such representative is not a full-time staff member of the
Universiti.
The Registrar and Secretary shall be secretary to the Council.
The Deputy Chairman shall act as Chairman of the Council in the absence of the Chairman.
In the absence of both the Chairman and the Deputy Chairman at any meeting of the Council, a member of the Council elected by the members present at the meeting shall preside at the meeting.
Except as may be otherwise prescribed by His Majesty the Sultan and Yang
Di-Pertuan, the term of office of the Chairman, the Deputy Chairman and the members of the Council appointed under sub-paragraphs (1)(d) and (h) shall be 3 years, calculated from the date of their respective appointments.
The term of office of the members of the Council elected under sub-paragraphs (1)(e) and (k) shall be 2 years, calculated from the date of their respective elections.
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SCHEDULE —
(continued)
A Deputy Vice-Chancellor or Assistant Vice-Chancellor may attend meetings of the Council but shall have no vote.
Powers of Council 15.
The Council shall be the executive body of the Universiti and may exercise all the powers conferred on the Universiti, save in so far as they are by this Constitution or the statutes and regulations conferred on some other authority or body or on some other officer of the Universiti:
Provided that —
(a)
no resolution shall be passed by the Council relating to any matter within the powers of the Senate unless the Senate has first been given the opportunity of recording and transmitting to the Council its opinion thereon; and
(b)
no member of the Council who is a member of the teaching staff (other than a principal officer) shall take part in the proceedings of the Council when it is holding discussions or making decisions on the appointment, promotion and other matters relating to the service of any member of the teaching staff.
Senate 16.
The Senate shall consist of —
(a)
the Vice-Chancellor, who shall be the Chairman;
(b)
the Deputy Vice-Chancellors, if appointed;
(c)
the Assistant Vice-Chancellors;
(d)
the heads of institutions;
(e)
the Dean of Student Affairs;
(f)
the Chief Librarian;
(g)
the Deputy Deans or deputy heads of institutions;
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SCHEDULE —
(continued)
(h)
one representative of the full-time professors of each institution, not including visiting professors, elected by the professors of the institution concerned, who shall hold office for 2 years if qualified but who shall be eligible for re-appointment:
Provided that if a professor is already a member of the senate ex-officio, that professor shall not be eligible to take part in the election of such representative;
and
(i)
such other persons by name or by office as may be prescribed by statute or appointed by the Senate, after consultation with the Vice-Chancellor, to hold office for such period as the Senate may determine.
The Vice-Chancellor may appoint a Deputy Vice-Chancellor or an Assistant
Vice-Chancellor to deputise for him as Chairman at any meeting of the Senate if he is unable to attend the meeting:
Provided that if no Deputy Vice-Chancellor or Assistant Vice-Chancellor is able to attend the meeting, then the Vice-Chancellor may appoint any member of the Senate to deputise for him as Chairman.
The Registrar and Secretary shall be the secretary to the Senate.
The Senate shall be the academic body of the Universiti and, subject to the provisions of this Constitution, the statutes and regulations, shall have the control and general direction of instruction, research and examination, and the award of degrees, diplomas and certificates.
In the performance of its duties, functions and responsibilities, the Senate may delegate any of its duties, functions and responsibilities to its members or a committee consisting of its members.
Faculties, Centres and Schools 17.
The Universiti shall be divided into such number and names of Faculties,
Centres and Schools as may be 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.
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SCHEDULE —
(continued)
The Board of a Faculty, Centre or School shall be responsible to the Senate for the organisation of instruction in the subject of study within the purview of that
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.
Appointment of heads and deputy heads of institutions and heads of teaching departments or programmes 18.
Subject to any statute, the Vice-Chancellor shall, after consultation with the
Council, appoint —
(a)
a Dean in respect of each Faculty and, where necessary, at least one
Deputy Dean;
(b)
a head in respect of a Centre or School and, where necessary, at least one deputy head, who shall be styled by such title as may be prescribed by statute or regulation; and
(c)
a head in respect of each teaching department or programme where such teaching departments or programmes are established in a Faculty, Centre or
School.
The Dean of a Faculty or head of a Centre or School shall be Chairman of the Board of the Faculty, Centre or School, as the case may be.
The Dean of a Faculty or head of a Centre or School or head of teaching department or programme shall be responsible for the organisation of instruction of courses or subjects falling under the purview of the Faculty, Centre, School or teaching department or programme, as the case may be, and shall exercise such other functions as may be vested upon him by statute or regulation or as may be directed by the
Vice-Chancellor.
In the absence of the Dean of a Faculty or head of a Centre or School, on leave or for any other reason, it shall be lawful for the Deputy Dean or deputy head or, if there is more than one Deputy Dean or deputy head, such one of them as may be named by the Vice-Chancellor, to exercise any of the functions of the Dean of the Faculty or head of the Centre or School, as the case may be.
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SCHEDULE —
(continued)
The Dean or Deputy Dean of a Faculty or head or deputy head of a Centre or
School or the head of a teaching department or programme appointed under sub-paragraph (1), as the case may be, shall be appointed for a period not exceeding 2
years but shall be eligible for re-appointment.
Notwithstanding the provisions of sub-paragraph (5), the Vice-Chancellor may, after consultation with the Council, revoke any appointment made under this paragraph without assigning any reason.
Notwithstanding the other provisions of this paragraph, the Vice-Chancellor may, pending any appointment to be made by the Council under sub-paragraph (1), appoint any person to exercise the functions of the Dean or Deputy Dean of a Faculty or head or deputy head of a Centre or School or head of a teaching department or programme, as the case may be.
Board of Studies 19.
The Board of Studies, consisting of a Chairman and such other suitable persons within and outside the Universiti, may be appointed by the Senate for the following purposes —
(a)
to deal with matters pertaining to any Faculty, Centre or School; and
(b)
to consider proposals referred to it by the Senate for the establishment of a new Faculty, Centre or School.
Board of Selection for lecturers 20.
A Board of Selection for lecturers shall, subject to any statute, consist of —
(a)
the Vice-Chancellor, who shall be Chairman;
(b)
the Chairman of the Public Service Commission or his representative;
(c)
the Dean of the Faculty or head of the Centre or School concerned;
(d)
one member of the Senate appointed by the Senate; and
(e)
the Director-General of the Public Service Department or his representative.
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SCHEDULE —
(continued)
Notwithstanding the provisions of sub-paragraph (1), the Vice-Chancellor may authorise the Deputy Vice-Chancellor to deputise for him as Chairman at any meeting of a Board of Selection which has been convened to fill an appointment other than that to a chair.
The association of external experts with the making of appointment may be prescribed by statute.
Boards of Selection for other appointments 21.
The composition of Boards of Selection for appointments other than lecturers shall be as prescribed by statute.
Board of Student Welfare 22.
There is hereby established a Board of Student Welfare consisting of a
Chairman and such other persons as may be appointed by the Vice-Chancellor.
The Board of Student Welfare shall have such powers as may be prescribed by statute.
Association of Alumni 23.
Subject to the approval of the Council, it shall be lawful for not less than thirty graduates of the Universiti to form and establish an association to be known as the
Association of Alumni.
The Association of Alumni shall be governed and administered in accordance with its constitution and rules made by it and no such constitution and rules so made or any amendment thereto shall come into force unless and until approval thereof shall have first been obtained from the Council.
Term of office of members of authorities 24.
(l)
Except as may be prescribed by this Constitution or by any statute, the term of office of a person elected or appointed to be a member of an authority, otherwise than ex-officio, shall be 3 years:
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SCHEDULE —
(continued)
Provided that —
(a)
where the person is elected or appointed because he holds an office or is a member of some other authority or body, he shall cease to be a member of the authority if before the expiry of his term of office he ceases to hold such office or to be a member of such authority or body;
(b)
where the person is appointed by His Majesty the Sultan and Yang
Di-Pertuan to be a member of any authority, His Majesty the Sultan and Yang
Di-Pertuan may revoke the appointment at any time during the term of such appointment;
(c)
a person who retires at the end of his term of office shall be eligible for re-election or re-appointment if he is otherwise qualified.
The decision of an authority shall be valid notwithstanding any vacancy among its members.
Meetings 25.
The authorities shall meet at such time and place as their respective
Chairman may appoint or determine.
The quorum for meetings of any authority shall be two-thirds of its members or as prescribed by statute or regulations.
All meetings of any of the authorities shall be presided by its respective
Chairman.
In the absence of the respective Chairman at a meeting, the members present shall elect from amongst themselves a member to preside at that meeting.
A resolution shall be taken to have been passed at a meeting of any of the authorities if —
(a)
without a meeting, a majority of the members indicate agreement with the resolution in accordance with such method as may be determined by such authority; and
(b)
all members were informed of the proposed resolution, or reasonable efforts had been made to inform all members of the proposed resolution.
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SCHEDULE —
(continued)
Where not less than three members request a Chairman by notice in writing signed by them to convene a meeting of their respective authority for the purpose specified in the notice, the Chairman shall, within 7 days from the receipt of the notice, convene a meeting for that purpose.
Subject to the provisions of this Constitution and to any statute or regulation, a decision at a meeting of any of the authorities shall be adopted by a majority of the votes of the members present, except that in the case of an equality of votes, the
Chairman or member presiding shall have a casting vote in addition to his original vote.
Power to regulate proceedings 26.
Subject to the provisions of this Constitution and to any statute or regulation, an authority may regulate its own proceedings generally and, in particular, regarding the holding and proceedings of meetings, the notice to be given of such meetings, the keeping of minutes and the custody, production and inspection of such minutes, and the opening and closing of accounts.
The validity of any proceedings of any of the authorities shall not be affected by any defect in the appointment of any member or by any contravention of any member of the provisions of or the Act, unless otherwise expressly stated.
PART 5
STATUTES AND REGULATIONS
Statutes 27.
Subject to the provisions of this Constitution and any other written law, the
Chancellor may make such statute of the Universiti as may be necessary or expedient for the administration of the affairs or for carrying out the functions of the Universiti.
Without prejudice to the generality of sub-paragraph (1), statutes may be made to prescribe or provide for all or any of the following matters —
(a)
the powers and duties of the officers of the Universiti;
(b)
the methods of appointment and the conditions of service of the officers, lecturers and staff of the Universiti subject to the provisions of any other written law;
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SCHEDULE —
(continued)
(c)
the determination of degrees, diplomas, certificates and other academic distinctions to be conferred by the Universiti;
(d)
the management of the library and research institutes;
(e)
all other matters which under this Constitution may be regulated by statute;
(f)
the composition, powers, duties and procedures of the authorities of the
Universiti;
(g)
matters incidental to or consequential upon any of the matters aforesaid; and
(h)
all the matters within the powers of the Universiti and not otherwise provided for by this Part.
Procedure on making, amending or revoking statutes 28.
The proposal for the making of any statute or the revocation or amendment of any statute, shall be prepared by the Council.
A proposal for a new statute, or of any amendment to a statute, dealing with any of the following matters —
(a)
the composition, powers, duties and procedures of the Senate, the
Board of a Faculty, the Board of a Centre or School, the Board of Student
Welfare or any other boards of institution;
(b)
the determination of degrees, diplomas, and certificates and other academic distinctions to be conferred by the Universiti;
(c)
the conditions of residence and the welfare of students;
(d)
the management of the library; and
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SCHEDULE —
(continued)
(e)
all other matters within the jurisdiction of the Senate under this
Constitution or any statute, shall not be submitted to the Chancellor until it has been referred to the Senate and the
Senate has reported to the Council its observations thereon.
Regulations 29.
Subject to the provisions of this Constitution and the statutes, regulations may be made for all or any of the following —
(a)
the principles governing the award of degrees, diplomas, certificates and other academic distinctions;
(b)
the number and scope of examinations;
(c)
the appointment, powers and duties of examiners and the conduct of examinations;
(d)
the admission of students to the examinations and the degree, diploma and certificate courses of the Universiti;
(e)
the conditions of residence and the welfare of students;
(f)
the fees to be charged for courses or programmes of study, residence, admission to examinations leading to the award of degrees, diplomas and certificates and any other fees that may be levied by the Universiti;
(g)
the management of lecture halls and laboratories;
(h)
the composition, powers and duties of any Board, committee or other body not specifically provided for in this Constitution or by statute;
(i)
all matters which by this Constitution or any statute may be prescribed by regulations; and
(j)
all matters within the powers of the Universiti and not otherwise provided for by this Part.
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SCHEDULE —
(continued)
Procedure on making, amending or revoking regulations 30.
The Council may, subject to the provisions of this paragraph, amend any regulation.
The draft of any regulation dealing with any matter within the jurisdiction of the Senate shall be proposed by the Senate; and the Council may approve the draft or refer it back to the Senate with observations or proposals for amendment.
Regulations for procedure of Council and Senate 31.
The Council and the Senate may each make regulations for its own procedure.
The Council may make regulations for the procedure of Boards of Selection.
The Senate may make regulations for the procedure of the Board of a
Faculty, Centre or School or of any other board or committee subject to the jurisdiction of the Senate.
The Senate may make regulations prescribing courses of study or syllabi or examinations.
Regulations may be made by an authority if it is so empowered by this
Constitution or any statute.
Disciplinary provisions 32.
Notwithstanding the provisions of paragraphs 27, 29 and 31, statutes or regulations may be made to provide for the discipline of staff and students of the
Universiti.
Publication of statutes and regulations 33.
When any new statute or regulation is made or amended, every such statute, regulation or amendment shall be published in the Universiti Bulletin and in such form or in any publication of the Universiti as may be determined by the Vice-Chancellor.
Nothing in this paragraph applies to —
(a)
any regulation containing only instructions to examiners or invigilators or details concerning courses of study or syllabi or examinations;
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SCHEDULE —
(continued)
(b)
any statute or regulation which the Council resolves not to publish.
Constitution, inconsistencies between statutes etc.
34.
In the event of —
(a)
any statute being inconsistent with the provisions of this Constitution;
or
(b)
any regulation being inconsistent with the provisions of this
Constitution or any statute, then the provisions of the Constitution or statute, as the case may be, shall prevail, and such statute or regulation, as the case may be, shall, to the extent of the inconsistency, be void.
PART 6
FINANCIAL PROVISIONS
Standing Finance Committee 35.
The Council shall appoint a Standing Finance Committee for regulating and controlling the finances of the Universiti.
Preparation of estimates and financial year 36.
It shall be the duty of the Bursar to prepare, in consultation with the
Registrar and Secretary, the estimates of income and expenditure of the Universiti for each financial year for the consideration of the Vice-Chancellor and submission to the
Standing Finance Committee.
For the purposes of this Part, the financial year shall be the calendar year or such other period as the Council may determine.
The accounts of the Universiti shall, as soon as may be, be balanced for the preceding financial year and an annual statement or abstract thereof shall be prepared in such form and with such information as the Council may direct.
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SCHEDULE —
(continued)
Annual estimates 37.
The detailed estimates of income and expenditure of the Universiti for any financial year approved by the Council shall be submitted prior to the beginning of the financial year to the Minister of Finance and Economy for presentation to His Majesty the Sultan and Yang Di-Pertuan for the approval of His Majesty the Sultan and Yang Di-Pertuan.
A copy of the draft estimates prepared by the Standing Finance Committee for submission to the Council shall be delivered to each member of the Council not less than 7 working days before the date fixed for the meeting of the Council convened for the purpose of approving such estimates.
The Council may in its discretion approve, modify or reject all or any of the items appearing in such draft estimates or refer any item back to the Standing Finance
Committee for its consideration or add any item thereto.
Supplementary estimates 38.
The Council may approve supplementary estimates as may be required for any financial year for presentation to His Majesty the Sultan and Yang Di-Pertuan, through the Minister of Finance and Economy, for the approval of His Majesty the Sultan and
Yang Di-Pertuan, showing the sources, if any, from which any part of the supplementary estimates may be met.
No expenditure to be incurred unless included in estimate 39.
The Council shall not incur any expenditure which has not been included in any approved estimate provided that, subject to the provisions of this Constitution, the
Council may transfer all or any part of the moneys assigned to —
(a)
one item of annually recurrent expenditure to another item of annually recurrent expenditure;
(b)
one item of capital expenditure to another item of capital expenditure.
The provisions of sub-paragraph (1) do not apply to —
(a)
moneys deposited with the Universiti by any person, wherever by the conditions of such deposit any such sum has become repayable;
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SCHEDULE —
(continued)
(b)
moneys collected and credited to the funds of the Universiti in error;
(c)
moneys payable by the Universiti under any judgment or order of court;
(d)
moneys expended by the Universiti in instituting or defending legal proceedings; and
(e)
expenditure arising out of any property or money referred to in paragraph 41.
Forms of estimates 40.
The annual and supplementary estimates shall be prepared in such form and shall contain such information as the Council may direct.
Power of Council to accept gifts etc.
41.
The Council may on behalf of the Universiti accept by way of gift, grant, waqf, testamentary disposition or otherwise, property and moneys in aid of the finances of the Universiti on such conditions as it may determine.
The Bursar shall keep and maintain registers of all donations to the
Universiti, including the names of the donors and any special condition on which any donation may have been given.
Property given for specific purposes to be separately accounted for 42.
All property, moneys or funds given for any specific purpose shall be applied and administered in accordance with the purposes for which they may have been given and shall be separately accounted for.
Form of contracts 43.
Any contract involving the expenditure by the Universiti of more than $1,000
shall be in writing, signed on behalf of the Universiti by a person acting under its expressed or implied authority:
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SCHEDULE —
(continued)
Provided that any contract (other than a contract referred to in paragraph 55(2))
involving expenditure by the Universiti of more than $25,000, and any contract which if made between private persons would be required by law to be under seal, shall be executed by affixing thereto the common seal of the Universiti.
Dividends prohibited 44.
No dividend or bonus shall be paid and no gift or division of money shall be made by or on behalf of the Universiti to or among any of its members except by way of prize, reward or special grant or as part of the terms and conditions of service of staff of the Universiti.
Audit 45.
The accounts of the Universiti shall be audited annually by —
(a)
the Auditor General; or
(b)
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 Council:
Provided that where the accounts of the Universiti have been audited by a person appointed under paragraph (b), they may be verified by the Auditor
General before they are presented to the Minister of Finance and Economy pursuant to sub-paragraph (2).
The audited accounts, with any observation made thereon by the auditors, shall be presented to the Minister of Finance and Economy not later than 4 months after the end of the financial year.
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SCHEDULE —
(continued)
PART 7
STUDENTS OF UNIVERSITI [S 6/2017]
Admission of students 46.
A student shall not be admitted to any course of study in the Universiti unless he has satisfied the entry requirements prescribed for the course of study.
Students’ Association and Students’ Representative Council 47.
The registered students of the Universiti, other than external students and non-graduating students, shall constitute a body to be known as Universiti Teknologi
Brunei Students’ Association, in this Part referred to as the Students’ Association.
The Students’ Association, its constituent bodies and student bodies shall be governed and administered in accordance with the provisions prescribed by statute or regulations or their respective constitution provided that no such constitution or amendment thereof shall come into force unless and until approved by the Council.
The Council may impose and collect from the registered students and any other class of students such fees as the Vice-Chancellor may determine for the benefit of the Students’ Association and its constituent bodies, and the fees may be applied in such manner as the Council thinks fit for the purpose of the Students’ Association and its constituent bodies.
For the purpose of this paragraph, “registered student” means a student who is following a full-time course leading to a degree or a diploma or a certificate provided that a student shall cease to be a registered student for the purpose of this paragraph if he has passed the final examination of his course for graduation unless the Vice-Chancellor authorises in writing that such student, if he is a member of the Students’ Representative
Council, may continue to be a registered student within the meaning of this paragraph until the election of a new Students’ Representative Council in the following academic year or for such lesser period as the Vice-Chancellor may determine.
Establishment of other student bodies 48.
Notwithstanding paragraph 47, it shall be lawful for not less than ten registered students of the Universiti, with the prior approval of the Council and subject to such conditions as the Council may specify, to establish a student body consisting of students of the Universiti for the promotion of a specific object or interest within the
Universiti.
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SCHEDULE —
(continued)
The Council may, on the advice of the Vice-Chancellor, require any such student body established under this paragraph to be affiliated to the Students’
Association subject to such terms and conditions as the Council may specify.
Acts by students against Constitution, statutes or regulations of Universiti
49.
If a student of the Universiti conducts himself in a manner which, in the opinion of the Vice-Chancellor, is detrimental or prejudicial to the well-being or reputation of the Universiti or acts in contravention of the constitution or any statute or regulation of the Universiti, the student shall be liable to such disciplinary punishment as may be determined by the Vice-Chancellor or under the disciplinary regulations of the
Universiti.
Acts by student bodies ultra vires their own constitution and Constitution, statutes or regulations of Universiti [S 6/2017]
50.
If the Students’ Association or the Students’ Representative Council or a student body established under paragraph 48 conducts itself in a manner which, in the opinion of the Vice-Chancellor, is detrimental or prejudicial to the well-being or reputation of the Universiti or acts in contravention of the Constitution or its own constitution or any statute or regulation, the Vice-Chancellor may suspend and the Council may, on the advice of the Vice-Chancellor, dissolve the Students’ Association or the Students’
Representative Council or the student body, as the case may be; and every office-bearer of the Students’ Representative Council or the said student body, as the case may be, shall be liable to such disciplinary punishment as the Council may determine or under the disciplinary regulations of the Universiti.
Suspension and expulsion of student charged with criminal offence or against whom criminal offence is proved 51.
Where a student of the Universiti is charged with a criminal offence, he shall immediately thereupon be suspended from being a student of the Universiti.
Where a court finds that a charge for a criminal offence is proved against a student of the Universiti, the student shall immediately thereupon cease to be a student of the Universiti.
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SCHEDULE —
(continued)
The Vice-Chancellor may in his absolute discretion, at any time and in any particular case, exempt a student from the application of the provisions of sub-paragraph (1) or (2), as the case may be, either unconditionally or upon such terms and conditions or for such period as the Vice-Chancellor deems fit.
52.
Disciplinary authority in respect of students
The disciplinary authority of the Universiti in respect of every student of the
Universiti shall be the Deputy Vice-Chancellor or, if there are more than one Deputy
Vice-Chancellor, such one of them as may be named by the Vice-Chancellor or, if there is no Deputy Vice-Chancellor, such staff member or officer of the Universiti as may be named by the Vice-Chancellor to be the disciplinary authority.
The Deputy Vice-Chancellor may delegate any of his disciplinary functions, powers or duties to a board of members of the staff or officers of the Universiti or to any member of the staff or officer of the Universiti provided that the Deputy
Vice-Chancellor shall have the power to review, rescind or vary any decision or finding of such board or staff member or officer of the Universiti delegated with such disciplinary functions, powers or duties.
PART 8
GENERAL
53.
Convocation
A Convocation for the conferment of degrees, diplomas and certificates shall be held annually, or as often as the Chancellor may direct, on such date as may be approved by the Chancellor.
In the absence of the Chancellor or of a Pro-Chancellor authorised for this purpose by the Chancellor, the Vice-Chancellor shall preside over a Convocation.
The procedure of Convocation shall be prescribed by statute.
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SCHEDULE —
(continued)
Disciplinary provisions and disciplinary authority in respect of staff of Universiti
54.
Subject to sub-paragraph (4), the disciplinary authority of the Universiti in respect of every member of the staff of the Universiti shall be the Disciplinary
Committee of the Universiti which shall consist of —
(a)
two members of the Council elected by the Council, one of whom shall be appointed by the Council as Chairman; and
(b)
the Vice-Chancellor.
In the exercise of its disciplinary functions, the Disciplinary Committee shall have the power to take such disciplinary action and impose such disciplinary punishment as may be provided for under any statute or regulation.
The Disciplinary Committee may delegate any of its disciplinary functions, powers or duties to any member of the staff or officer of the Universiti or any board of members of staff or officers of the Universiti, in respect of any particular member of the staff or officer of the Universiti or in respect of any class or category of members of the staff or officers of the Universiti:
Provided that —
(a)
the member of the staff or officer of the Universiti or the board delegated with such functions, powers or duties shall carry out, exercise and discharge the functions, powers or duties under the direction and control of the
Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such member of the staff or officer or such board; and
(b)
no delegation shall be made under this sub-paragraph as to enable a member of the staff or officer of the Universiti to exercise any disciplinary authority or to be a member of a board which may exercise any disciplinary authority over a member of the staff or officer who is superior to him in rank.
The Disciplinary Committee shall have no jurisdiction in respect of the
Chancellor, the Pro-Chancellor or the Vice-Chancellor.
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SCHEDULE —
(continued)
Any member of the staff of the Universiti who is dissatisfied with the decision of the disciplinary authority mentioned in this paragraph may appeal against such decision to the Universiti Council which may give such decision thereon as it deems fit.
55.
Appointment of lecturers and employees
All persons employed or to be employed by the Universiti other than those mentioned in paragraphs 7 to 10 shall, unless otherwise appointed and subject to the provisions of this Constitution, be appointed by the Council.
Every person employed by the Universiti shall, subject to the provisions of this Constitution or any statute or regulation, hold office on such terms and conditions as may be prescribed by the Council and the terms and conditions to be so prescribed are deemed to include a provision —
(a)
in relation to teaching, examining, invigilating and other similar duties, that his employment is subject to the provisions of this Constitution and to the provisions of all statutes and regulations as from time to time amended; and
(b)
in relation to all other terms and conditions of service that his employment is subject to the provisions of this Constitution and to the provisions of all statutes and regulations in force on the date of the commencement of his employment.
Nothing in this paragraph shall prevent the Council from entering into a special contractual arrangement with a person to be so employed by the Universiti if it is in the opinion of the Council expedient so to do.
56.
All appointments to be subject to Act and subsidiary legislation thereunder
Notwithstanding the provisions of paragraph 55 or any other provisions of this
Constitution, every person employed by the Universiti shall hold office subject to the provisions of the Act and any subsidiary legislation made thereunder and the terms of their employment or appointments are deemed to include a provision to this effect.
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SCHEDULE —
(continued)
57.
Powers of delegation
Where by the provisions of this Constitution or any statute or regulation any officer or body is empowered to exercise any power or perform any duty, such officer or body may by instrument in writing subject to the provisions of this paragraph and to such conditions and restrictions as may be prescribed in such instrument, delegate the exercise of such powers or the performance of such duties to any body or to any committee or to any person described therein by name or office.
A delegation under this paragraph may be revoked at any time by the officer or body making such delegation.
No delegation of any power or duty under this paragraph shall affect the exercise of such power or the performance of such duty by the officer or body making such delegation.
Nothing in this paragraph shall apply to any power to make or approve statutes or regulations.
58.
Deprivation of degree etc. on ground of misconduct
If any member of an authority, or any graduate of the Universiti, or any person who has received a degree, diploma or certificate or other academic distinction from the
Universiti, is convicted by a court of law of any serious offence whether within or outside Brunei Darussalam, or is in the opinion of the Council guilty of scandalous conduct, it shall be lawful for the Chancellor, on the recommendation of not less than two-thirds of all the members of the Council —
(a)
to remove him from membership of the authority; or
(b)
to deprive him of any degree, diploma, certificate or other academic distinction conferred upon him by the Universiti.
59.
Disputes as to elections to be determined by Chancellor
If any question arises whether any person has been duly elected, appointed, nominated or co-opted to membership or is entitled to be or to remain a member of any authority or other body in the Universiti, the question shall be referred to the
Chancellor, whose decision thereon shall be final.
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