Section 50
Section 50
(1)
Subject to subsection (3), the Authority may by order revoke any builder’s licence if the Authority is satisfied that —
(a)
the licensed builder fails to comply with any of the relevant requirements of section 48(1), (3) or 49(4);
(b)
the licensed builder has failed to comply with any condition imposed by the Authority under section 49(5);
(c)
for a period exceeding 28 days —
(i)
the licensed builder ceases to, or ceases to have any employee thereof referred to in section 49(1), personally supervise the execution and performance of any general building works or specialist building works in
Brunei Darussalam undertaken by the licensed builder;
or
(ii)
where the licensed builder is a partnership or a corporation, it ceases to have any director, manager or employee of the corporation, or any partner or employee of the partnership, as the case may be, referred to in section 49(2) or (3) personally supervise the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the licensed builder;
(d)
the licence had been obtained by fraud or misrepresentation;
(e)
the licensed builder has ceased to carry on business as a builder in Brunei Darussalam;
(f)
the licensed builder has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
Building Control
B.L.R.O. 4/2023 89
(g)
the licensed builder has been convicted of an offence against this Act;
(h)
the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, that is a licensed builder affords grounds for believing that the corporation or partnership, as the case may be, will not carry on the business of a builder in Brunei Darussalam in accordance with any written law and with honesty and integrity;
(i)
the public interest or national security of Brunei Darussalam so requires; or
(j)
the licensed builder has refused or failed to comply with an order of the Authority made under subsection (2)(b) or (d).
(2)
The Authority may, in any case in which the Authority considers that no cause of sufficient gravity for revoking any builder’s licence exists, by order —
(a)
suspend the licence for such period as the Authority may impose;
(b)
impose on the builder concerned a financial penalty not exceeding $20,000;
(c)
censure the builder concerned; or
(d)
impose such other direction or restriction as the Authority considers appropriate on the builder’s business as a builder.
(3)
The Authority shall not exercise its powers under subsection (1)
or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensed builder against which the
Authority intends to exercise its powers, being a period of not more than 14
days.
(4)
Where the Authority has revoked a builder’s licence under this section, the Authority shall serve on the builder concerned a notice of its order made under this section.
Building Control 90
(5)
Any order by the Authority revoking or suspending a licence, or imposing a financial penalty, direction or restriction shall not take effect until the expiration of 14 days after the Authority has served the order on the builder concerned.
(6)
Where the builder concerned has appealed under section 51 to the
Minister against an order by the Authority under this section, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.
(7)
Where an order of revocation becomes effective —
(a)
the Authority shall cause notice of the revocation to be published in the Gazette; and
(b)
the builder concerned shall, as from the date of the notice, cease to carry on business as a builder, in Brunei Darussalam except as may be approved by the Authority.
(8)
Subsection (7)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation, partnership or by the corporation, partnership of any right or claim against any person.
(9)
In any proceedings under this section in relation to the conviction of licensed builder for a criminal offence, the Authority shall accept the builder’s conviction as final and conclusive.
Appeal to Minister 51.
(1)
Any person whose application for a builder’s licence or for the renewal of a builder’s licence has been refused by the Authority may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister whose decision is final.
(2)
Where a builder’s licence is granted by the Authority subject to conditions, other than those specified in section 48 or 49, the builder concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister whose decision is final.
(3)
If the Authority has made —
(a)
an order of revocation or suspension of a licence under section 50; or
Building Control
B.L.R.O. 4/2023 91
(b)
an order imposing any pecuniary penalty on, or a direction or restriction on the business of a licensed corporation or partnership under section 50(2), the person whose licence is revoked or suspended, on whom such a penalty, direction or restriction is imposed, as the case may be, may within 14 days after being served with the notice of the order, appeal to the Minister against the order, and the decision of the Minister is final.
(4)
In any appeal under this section in relation to the conviction of a licensed builder for a criminal offence, the Minister on appeal from any order of the Authority shall accept the builder’s conviction as final and conclusive.
Power of Minister to make regulations 52.
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make regulations for giving effect to the provisions of this
Part and for the due administration thereof, and, in particular, for or with respect to all or any of the following —
(a)
prescribing the form and procedure for applications for a builder’s licence;
(b)
varying the minimum paid-up capital of a corporation specified in section 47(3)(c) in connection with applications for a builder’s licence;
(c)
prescribing the different classes of construction foremen and construction tradesmen for the purposes of section 48;
(d)
prescribing offences in respect of the contravention of any regulations made under this section, and prescribing fines, not exceeding $10,000, imprisonment which may not exceed one year or both, that may, on conviction, be imposed in respect of any such offence;
(e)
prescribing any matter which is required under this Part to be prescribed.
Building Control 92