Order · As enacted
Constitution (Prime Minister Incorporation) Order, (Formerly Known as Constitution (Mentri Besar Incorporation) Order, 1960)
Official textFrom Attorney General's Chambers, unchanged
s 1
This Order may be cited as the Constitu
tion (Mentri Besar Incorpora tion) Order. 1960, and shall be deemed to have come into operation on the 29th of September, 1959.
s 2
The officer for the time being dis
charging the duties of
Mentri
Besar and his successors in office shall be a body corporate under the name of "Mentri Besar" (hereinafter called the
Corporation).
The Corporation for the purposes of this Order may sue and be sued in its name and shall have perpetual succession and a corporate seal.
s 3
The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may, with the prior approval of the Sultan in Council, surrender and yield up, charge, lease, sub-lease, transfer or otherwise dispose of, or deal with, any movable and immovable property vested in the Corporation upon such terms as to the Sultan in Council seem fit.
s 4
Notwithstanding the provisions of any other written law, the beneficial ownership in the movable and immovable properties described in the Schedule, being properties the beneficial owner
ship of which is in the Government of Brunei, shall 67
Power to add properties to
Schedule.
Vesting of existing charges in the
Corporation.
Cap. 40.
Execution of documents.
by virtue of this
Order and without further assurance, vest in the Corporation.
s 5
The Sultan in Council may, by Order, add other movable or immovable properties, being properties the beneficial ownership of which is in the Government of Brunei, to those described in the Sched ule.
The beneficial ownership of properties so added shall, in a similar manner to that provided by article 4, vest in the Corporation.
A charge executed before the com
mencement of this
Order for the purposes of securing the payment or discharge of any debt, liability or obligation to the Government expressed to be made by any person to the Government, or to any officer of the Government, with or without naming the Government or such other officer) shall be deemed to be vested in the Corporation for all the estate and the interest of the chargee, his executors or administrators or successors in office, and, in the case of every such charge, the Corpora
tion shall, by virtue of this Order, have and may exercise, sue for, recover and give receipts for the money secured thereby or the unpaid part thereof, and the interest due or to become due thereon, and the benefit of all securities for the same, and the benefit of any right to sue with the chargee on any covenant, and every other power of the chargee.
The Register kept under the Land Code shall be rectified where such rectification is necessary in order to bring the
Register into conformity with this article.
For the purposes of t.his article the word
"charge" includes any mortgage on any property for securing money or money's worth secured by a charge.
s 7All deeds, documents or other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of 68
Notification to be conclusive evidence of appointment.
the officer for the time being discharging the duties
. of the office of Mentri Besar or of such officer as the Mentri Besar may, in that behalf, authorize by notification in the Gazette, who shall sign every such deed, document or other instrument to which the corporate seal is affixed and that signing shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Corporation.
s 8A notification in the
Gazette of the appointment of any person to hold, or act in, the office of Mentri Besar shall be conclusive evidence that the person was duly so appointed.