MUNICIPAL BOARDS ACT Sanitary Boards changed to Municipal Boards

This Act may be cited as the Municipal Boards Act.

In this Act and in any by-laws passed under this Act, unless there is something repugnant in the subject or context —

A person is said to “reside” in any dwelling which he sometimes uses as sleeping apartment, although he does not use it uninterruptedly or has elsewhere a dwelling where he has and sometimes uses another such apartment. A person does not cease to “reside” in a dwelling where he has such an apartment merely because he is absent from it if there is the liberty of returning at any time and no abandonment of the intention to return at pleasure.

His Majesty the Sultan and Yang Di-Pertuan in Council may from time to time declare any area within Brunei Darussalam to be a Municipal

His Majesty the Sultan and Yang Di-Pertuan may appoint

His Majesty the Sultan and Yang Di-Pertuan may also appoint such other officers as may be necessary for the purposes of this Act.

The boundaries of any Municipal Board area may be declared to be coincident with any town limits or may be separately defined.

Any declaration or appointment made under this section may from time to time in like manner be added to, varied or revoked.

This duties of a Municipal Board shall be to take all lawful measures for the following purposes within the area subject to its control —

(deleted by S 44/2015);

the laying out and maintenance of reserves for recreation and other purposes; the enclosure and care of unoccupied premises; the planting and preservation of trees and shrubs; the laying out, cleaning, watering, lighting and control of streets, canals and bridges; the removal of undue projections; the numbering of houses and the naming of streets subject to the approval of the Minister;

the control and supervision of —

sewers, drains, sewage treatment works, sanitary fitments, latrines and dustbins;

the construction and maintenance of works for the treatment and/or conveyance of sewage; the laying of sewers and drains across public or private property; the maintenance and modification of sewers vested in the Municipal Board; the maintenance of lawful use of sewers; the keeping of up to date maps showing the legal status, sizes and levels of all sewers;

the establishment and regulation of markets and slaughter-houses and the fixing of the fees to be charged for the use of the same, including, if the Municipal Board shall think necessary, the grant to particular persons of the exclusive right to use any slaughter-houses, or of the exclusive right to provide or slaughter any particular description of beast for human food, and the prohibition of the sale within a certain radius from a market of articles of any kind sold in such market;

the regulation by registration, licensing or otherwise of bakeries, dairies, laundries and street stalls; the seizure and disposal of unwholesome fish, flesh or other provisions;

the regulation, inspection and licensing of common lodging houses, eating houses, theatres, inns and other places of public resort, with the view of enforcing the observance of ordinary sanitary regulations in respect of lighting, ventilation, whitewashing, drainage and overcrowding therein;

the establishment and regulation of public bathing places, including power to charge fees for the use of or to lease the same;

the removal and disposal of refuse and night soil, including, if the Municipal Board shall think necessary, the publication of rules making it compulsory on all persons who may require night soil buckets to buy such buckets from the Municipal Board at such price as the Municipal Board may fix;

the prevention and abatement of nuisances and the regulation of dangerous, unhealthy or offensive trades or occupations;

the prevention and removal of obstructions in the streets and in verandahs or footways;

(deleted by S 44/2015);

the examination of the bodies of dead persons and the certification of the cause of death in cases where the cause of death has not been certified by a duly qualified medical practitioner;

the prevention and abatement of malaria, including treatment of persons, removal of persons, and action in respect of buildings, land and other property;

(deleted by S 31/2016);

the regulation and control of traffic in the streets, whether of vehicles, animals, pedesterians or otherwise;

all other matters, whether similar or not to those abovementioned, connected with the conservancy and the improvement of the area subject to its control.

For the various purposes described in section 4 and for the conduct of its own business, a Municipal Board shall have power to pass by-laws not inconsistent with the provisions of this Act or of any other Act for the time being in force and to declare whether such by-laws shall apply to the whole area subject to its control or to some specified part or parts thereof, and to prescribe penalties for breach thereof not exceeding the penalties prescribed by section 7; and every Municipal Board is hereby required to pass such by-laws, either in addition to or in substitution for by-laws already existing, as may from time to time be prescribed by His Majesty the Sultan and Yang

Di-Pertuan in Council; and such by-laws may provide for the payment of reasonable fees for such registration, licences or other matters as may be required for the purposes of this Act.

No by-law passed under this Act and no resolution rescinding or varying any such by-law shall have effect unless and until it has been confirmed by the Minister.

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If any person is guilty of the contravention of any such by-law for the breach of which no penalty is otherwise expressly provided, or of infringing any exclusive right granted under section 4(e), he is guilty of an offence and liable on conviction to a fine of $3,000, or in the case of a continuing offence to a fine of $100 for every day during which such offence is continued.

When any fire occurs within a Municipal Board area whereby damage or loss is occasioned to any dwelling-house or other building, the

For the purpose of such inquiry, the Chairman shall have and may exercise all the statutory and other powers which shall for the time being be vested in and exercisable by a Magistrate for summoning and enforcing the attendance of witnesses, for administering oaths or affirmations to such witnesses, and for compelling such witnesses to answer all reasonable and proper questions relative to the matters which are the subject of such inquiry.

The Chairman shall within 7 days from the conclusion of such inquiry transmit to the Minister the depositions taken by him together with his finding as to the cause of the fire.

Full minutes of the proceedings at all meetings of every Municipal

Board shall be submitted for the information of His Majesty the Sultan and

Yang Di-Pertuan in Council at the earliest opportunity after the close of the meeting, and His Majesty the Sultan and Yang Di-Pertuan in Council shall have power to annul the whole or any part thereof.

All members and servants of a Municipal Board are deemed to be public servants within the meaning of the Penal Code (Chapter 22).

Municipal Boards

When any by-law passed under this Act or any notice issued to enforce the provisions of this Act or of any such by-law requires any act to be done or refrained from or any work to be executed by the owner or occupier of any premises and default is made in complying with the provisions of such by-law or notice, the Municipal Board may cause such act to be done or such work to be executed and may pull down any work executed in contravention of any such by-law or notice.

All expenses incurred by the Municipal Board in carrying out the provisions of this section may be recovered in the manner provided by this

An annual rate for the general purposes of this Act, including also the purposes of public lighting, public water supply, public sewers, sewage treatment and disposal and protection from fire, may be imposed upon all lands and upon all houses and buildings within any Municipal Board area not exceeding 15 per cent of their annual value, such rate shall be fixed from time to time by His Majesty the Sultan and Yang Di-Pertuan in Council after consultation with the Municipal Board and shall be payable by half-yearly instalments in advance without demand by the owners of such lands, houses or buildings in the months of January and July in each year.

Houses and buildings used exclusively as places for religious worship, all public burial and burning grounds, all buildings used exclusively for public schools or for charitable purposes, and all property belonging to or rented by His Majesty the Sultan and Yang Di-Pertuan or the Government may be exempted by direction of His Majesty the Sultan and Yang

Di-Pertuan in Council from payment of any rate.

The Board may exempt from payment of any rate any house, building or land the annual value whereof is less than $500 if the same is the sole rateable property of the owner, or any house or hut which shall be occupied rent free by labourers employed at any plantation or mine.

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In cases of property assessed as described in section 17 where any house or building shall have been vacant for 30 consecutive days during any year, the Board shall remit so much of the rate for that year as may be proportionate to the number of days during which the said house or building may have remained unoccupied:

Provided that the owner of such house or building or his agent shall have given notice in writing of the vacancy thereof to the Board, and that the amount of rate to be remitted shall be calculated from the date of the delivery of such notice.

The rate or rates imposed upon houses, buildings and lands according to the annual value thereof in any Municipal Board area shall be assessed in the manner hereinafter provided.

The estimated gross annual rent at which such lands together with the houses or buildings thereon might reasonably be expected to let from year to year shall for the purposes of the rate be held and deemed to be the annual value of such lands together with the houses or buildings thereon. The annual value of premises so estimated shall not include the value of any machinery contained therein.

For the purpose of such assessment the Board shall from year to year cause a valuation to be made of all houses and buildings. Such valuation shall be entered in a book to be kept at the office of the Board, wherein also shall be written in distinct columns the name of the owner of the property, the name of the occupier, a designation of the property either by name or number sufficient to identify the same, the name of the street or locality in which such property is situated and the amount of the rate assessed thereon.

When the name of the owner or occupier is not known, it shall be sufficient to designate him in the said book, and also in any notice or other proceedings under this Act, as the “owner” or “occupier” of the property on which the rate is assessed, without further description.

Municipal Boards

In order to enable the Board to assess the annual value of any houses, lands, tenements or buildings liable to assessment, the Chairman may require the owner or occupier thereof to furnish returns of the rent thereof and to give all such information as may be necessary for the preparation of the assessment list or otherwise for the purpose of such assessment, and for the like purpose the Chairman or any person appointed in writing by him for that purpose may at any time between sunrise and sunset enter and inspect and if necessary survey the same:

Any person who refuses or fails to furnish such return or to give such information as aforesaid for the space of one week from the day on which he shall have been required to do so, and whoever knowingly makes a false or incorrect return or gives false or incorrect information, and any person who hinders, obstructs or prevents the Chairman or any person appointed by him as aforesaid from entering, inspecting or surveying any such houses, lands, buildings or tenements, is guilty of an offence and liable on conviction to a fine of $3,000.

When the valuation has been completed the Board shall notify the place where the record of valuation may be inspected; and the person in whose custody such record may be shall permit every person appearing to be the owner or occupier of any property included in the assessment or the agent of such owner or occupier to inspect the same during office hours and to make extracts therefrom without payment of any fee.

The Board shall give public notice of a day, not being less than 3 weeks from the date of publication of such notice, when it will proceed to consider complaints against such valuation and assessment, and in all cases in which any property is for the first time assessed or the assessment thereof is increased the Board shall also give notice thereof to the owner or occupier of the property.

All complaints shall be made personally or by agent or in writing at least 7 days before the day fixed in the notice and all complaints so made shall be inquired into by the Board and such amendments of the valuation shall thereupon be made as the Board may deem just.

After the complaints have been inquired into and the revision of the valuation and assessment has been completed the amendments made shall be authenticated by the signatures of two members of the Board, who shall at the same time certify that no valid complaint has been made against the valuation and assessment except in the cases in which amendments have been made; and, subject to such amendments as may thereafter be duly made, the rate so assessed is deemed to be the rate for the whole year for which the assessment is made, and such year shall commence on the 1st day of January.

When owing to mistake, oversight or fraud the name of any person or any property which ought to have been inserted in or omitted from the assessment list has been omitted from or inserted in such list or any property has been insufficiently assessed or where any building newly built or rebuilt becomes liable to assessment after the list has been compiled, the Board may at any time amend such list accordingly:

Any person interested in any such amendment may tender his objection to the Board in writing before the time fixed in the notice, or orally or in writing at that time, and shall be allowed an opportunity of being heard in support of the same in person or by authorised agent, as he thinks fit.

It shall not be necessary to prepare a new record every year, but the

Board may adopt the valuation and assessment for the preceding year with such alterations as may in particular cases be deemed necessary as the valuation and assessment for the year following:

Municipal Boards

Provided that public notice of such valuation and assessment shall be given in the manner prescribed by section 21, and that the provisions of such section and of the three following sections shall be applicable to such valuation and assessment.

Any person who, having made a complaint or objection in the manner prescribed by section 22 against any rate assessed under the provisions of this Act, is dissatisfied with the decision of the Board thereon may appeal to the High Court:

Provided that with the presentation of the petition of appeal there shall be paid into court the amount of the rate appealed against.

Every such appeal shall be commenced within 30 days of the date of the certificate of the Board under section 23, or in case of any subsequent amendment under the provisions of section 24 within 30 days of the receipt by the person aggrieved of notice of such amendment.

The decision of the High Court upon any appeal under section 26 shall be final and conclusive.

Subject to the provisions of the Land Code (Chapter 40), any rate duly imposed under this Act shall be a first charge on the property in respect of which it is imposed and shall be recoverable in the manner hereinafter provided.

All payments shall be made at the office of the Board or at such other place as the Board may appoint, and counterfoil receipts shall be issued signed by the secretary or other officer of the Board duly authorised thereto.

If any rate or fee is not paid within the prescribed time, it may be recovered in the manner prescribed for the recovery of arrears under the

Land Code (Chapter 40).

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Notice to be given of transfer of rateable property, of new buildings, and of demolitions etc.

When any rateable property within a Municipal Board area is sold or transferred, it shall be the duty of the purchaser or transferee within 3 months after such sale or transfer to give notice thereof to the Board in writing.

When the owner of any rateable property within a Municipal

On receipt of any such notice the Board may require the production of the instrument of sale or transfer, if any.

Every person who sells or transfers any rateable property with a

When any new building is erected or when any building is rebuilt or enlarged or when any building which has been vacant is reoccupied, the owner of such building shall within 15 days give notice thereof in writing to the Board.

The said period of 15 days shall be reckoned from the date of the completion or of the occupation, whichever occurs first, of the building which has been newly erected or rebuilt or of the enlargement, as the case may be, and in the case of a building which has been vacant from the date of the reoccupation thereof.

When any building or portion of a building which is liable to the payment of rates is demolished or removed otherwise than by the order of the

Every person failing to give any notice required by this section is guilty of an offence and liable on conviction to a fine of $500.

The Board shall for the purpose of this Act have power by itself or its officers, servants, workmen or contractors to enter at all reasonable hours in the daytime into and upon any building or land, as well for the purpose of making any survey or inspection as for the purpose of executed by it, without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of such building or land in pursuance of this Act:

His Majesty the Sultan and Yang Di-Pertuan in Council may declare that any class of premises for the control and supervision of which by-laws may be made under section 5 are liable to night inspection, and thereupon the Chairman or health officer may at any time of the day or night and without notice by himself or by any Municipal Board officer generally authorised by the Chairman in that behalf in writing enter into and inspect any premises of the class specified in the declaration.

Except as herein otherwise provided, in all cases when compensation, damages, costs or expenses are by this Act or any by-laws made thereunder directed to be paid the amount and if necessary the apportionment of the same shall in case of dispute be summarily ascertained and determined by a Magistrate, or, if the compensation claimed exceeds

If the amount of compensation, damages, costs or expenses is not paid by the party liable to pay the same within 7 days after demand, such amount may be reported to such Magistrate or Judge and recovered in the same way as if it were a fine.

Every licence issued under any by-law passed under this Act shall be revocable at the discretion of the Municipal Board by which the same was issued without compensation at the expiration of one month’s notice in writing served on the holder thereof and every such licence shall be liable to immediate cancellation by the Board without notice and without compensation on any failure of the holder thereof or his servants or agents to observe and comply with any by-law or condition to which such licence may from time to time be subject.

It shall be lawful for any Municipal Board at its discretion to refuse to issue any licences.

All moneys received by a Municipal Board by virtue of this or of any other Act shall be paid into the Treasury for the credit of the public revenue;

and all moneys entrusted to a Municipal Board by the Government for expenditure shall be applied by the Board for the purposes described in section 4 and in the execution of any other measures necessary to promote the health or convenience of the public and generally for the purposes of this

Act as may be deemed expedient by the Board and subject in all cases to the control and direction of His Majesty the Sultan and Yang Di-Pertuan in

Council.

Proper statements of all receipts and disbursements on account of any

Municipal Board shall be kept and periodically rendered in such form and at such times as His Majesty the Sultan and Yang Di-Pertuan in Council may direct.

His Majesty the Sultan and Yang Di-Pertuan in Council may from time to time apply, with such modifications as to him shall seem fit, any of the provisions of this Act or any by-law made thereunder to any area in

Where under this section any of the provisions of this Act or any by-law made thereunder shall have been applied to any area, His Majesty the