Updated: Thursday June 12, 2014/AlKhamis
Sha'ban 14, 1435/Bruhaspathivara
Jyaistha 22, 1936, at 07:57:31 AM
The
Notification
No. V (I&MD) 3-21/95 VOL-II. In exercise of the power conferred upon
him under section 2 of the Regulation of Mines and Oil-fields and Mineral
Development (Government Control) Act, 1948 (XXIV of 1948), the Governor of the
Punjab is pleased to direct that the following rules shall be made:---
PART –I
PRELIMINARY
1. Short title and commencement.-(1) these rules may be called the
Punjab Mining concession Rules, 2002.
(2) They shall come into force at
once.
2. Definitions.- In these rules
unless there is anything repugnant to the subject or context-
(i) “assignee” means a person, a firm or a company to whom
a licence or mineral title is assigned, transferred or mortgaged under these
rules;
(ii) “Authorised Officer”, in
relation to any provision of these rules, means a person designated under these
rules;
(iii) “Collector”
shall have the same meaning as assigned to him under the Punjab Land Revenue
Act, 1967 (XVII of 1967);
(iv) “company”
means,---
a) a company as defined in the
Companies Ordinance, 1984 (XLVII of 1984); or
b) a body corporate formed by or
under any law for the time being in force and incorporated in
(v) “Department” means the Department of Industries, Mines
and Minerals Government of the
(vi) “drilling” means the perforation of the earth‘s
surface otherwise than by pitting, trenching or sinking a shaft, whether the
hole is vertical, inclined or horizontal, and includes all operations for
preventing the collapse of the sides of the hole or for preventing the hole
from becoming filled with extraneous matter, including water;
(vii) “exploration”
means search for minerals, and includes the determination of their extent and
economic value;
(viii) “exploration area”
means the area of land, including its lateral limits, to which an exploration
licence relates;
(ix) “Exploration Licence for
exploration issued under these rules;
(x) “Exploration Operations”
means any operation carried on in connection with exploration including any
accessing, extraction or incidental winning of any mineral for the purpose of
mineralogical examination, assaying, test work
or marketability surveys and such marketability survey shall exclude
commercial marketing except for mineral title allowed;
(xi) “Financing Institution”
means an institution recognized as such by the State Bank of
(xii) “Good Reconnaissance
Practices” “Good Exploration practices” or “Mining practices”
means practices which are generally accepted internationally by persons
involved in reconnaissance operations, exploration operations, or mining
operation, as the case may be, as safe and necessary in carrying out such
operations;
(xiii) Government means the
Government of the
(xiv) “Governor”
means the Governor of the
(xv) “Group” in
relation to minerals, means minerals declared in Schedule 3 to constitute a
named group of minerals;
(xvi) “Large Scale Mining
Undertaking” means a project of mining involving a
capital of more than Rs. 300 millions governed by part 2 of these rules;
(xvii) “land”
includes surface bearing any mineral, land beneath water and the subsoil of
land;
(xviii) “lateral limits” in
relation to an area of land subject to a mineral title or a prospecting
licence, means the vertical lines passing thought the sides by which that area
is bounded;
(xix) “lease”
means a mining lease granted under these rules;
(xx) “lessee”
means a person, a firm or a company to whom a mining lease is granted under
these rules and includes his successors-in-interest;
(xxi) “licence”
means a prospecting licence granted under these rules;
(xxii)
“licensee” means a person, a firm or company to whom a
prospecting licence granted under these rules, and includes his
successors-in-interest;
(xxiii)
“Licensing Authority” means,---
a) in
respect of major minerals the Director General, Mines and minerals, Punjab in
Mining Projects involving the capital of Rs. 300 millions or above and in
mining projects involving a capital less than Rs. 300 millions, the Director,
Mines and Minerals, Punjab or an authority to whom powers have been delegated
by the Government; and
b) in
respect of minor minerals, the Director, Mines and Minerals.
(xxiv)
“minor Minerals” means ordinary sand, ordinary stone,
limestone, sand stone, building stone, decorative stone including ebry stone
but excluding marble, mill stone, dolomite, slate stone and gravel and may
include any other mineral so declared by the Government, and
(xxv)
“mine” means any surface or underground excavation
where any operation for the purpose of searching for or obtaining a mineral has
been or is being carried on, and includes all works, machinery, tramway,
ropeway and siding, whether above or below ground, in or adjacent or belonging
to or appurtenant to a mine but does not include the manufacturing or
processing plant;
(xxvi) “mineral”
means all surface and sub-surface natural deposits of ores and metals and other
metallic and non-metallic substances including naturally occurring aqueous
solutions containing more than 1% mineral salt in solution, but does not
include,---
(i)
nuclear substances;
(ii)
mineral oil; and
(iii)
natural gas;
(xxvii)
“Mineral Authority” means the Mineral Investment Facilitation
Authority notified by the Government;
(xxiii)
“mineral operation” means exploration operations or mining
operations or both;
(xxix)
“mining area” means an area of land, including its
lateral limits, to which a mining lease relates;
(xxx)
“mining operation” means any operation carried out in
connection with the development of a mine, or the production of minerals from the
mine, or both;
(xxxi) “ordinary sand”
means fluviatile deposit of minute
fragments resulting from wearing down of
pre-dominantly siliceous rocks mainly ranging from 5 micron to 2 millimeters in
size including clays and silty sand containing more than 30% sand particles
commonly known as “Bhassar/Gjassar” but
does not include silica sand suitable for glass making;
(xxxii) “pit-mouth”
means a place above or adjacent to a mine where the mineral is collected,
stored or taken charge of immediately after it has been mined;
(xxxiii) “reconnaissance operation”
means any operation carried on in a general search for any mineral by means of aerial sensing
techniques, including geophysical surveys,
Photo geological mapping or imagery carried on from the air, and
reconnaissance shall be constructed accordingly;
(xxxiv) “retention area”
means the area of land, including its lateral limits, to which a mineral
deposit retention licence relates;
(xxxv) “Schedule”
means a schedule appended to these rules; and
(xxxvi)
“small scale Mining Undertaking” means a project of mining involving a
capital of less than Rs. 300/- million.
3. Grant of prospecting licences and mineral
titles. - (1) the licensing Authority may, in
accordance with these rules, grant prospecting license, mining leases and
mineral titles for minerals.
(2)
The Government may, by notification delegate powers to grant a
prospecting license or a mineral title in respect of any mineral or to group of
minerals to any person or authority.
4. Confidentiality.- (1) information disclosed under these rules
to an officer employed in the Department shall not be disclosed to any person
who is not such an officer or employee of the Department without the prior
written approval of the person who provided the information, except to the
extent that,---
a) disclosure is authorized or required by
law;
b) disclosure is required by order of a
competent court, or for the purpose of any arbitration or litigation involving
the Government;
c) the person providing the information
authorised its disclosure at the time of providing the information;
d)
disclosure is necessary to compile and publish official statistical
information concerning geology and mineral resources of
e)
the disclosure is made to the Mineral Authority;
f)
disclosure is for the purpose of the implementation of thses rules or a
mineral agreement, the formation of mineral policy or of giving advice to other
department or agencies of Government or for the purpose of any discussion or
dealing with the Federal Government;
g)
disclosure is affected with the prior permission in writing of the
Government granted in respect of any matter which, in the opinion of the
Government, is of a general nature and may be disclosed in the public interest;
or
h)
disclosure is in accordance with a relevant mineral agreement or a
mineral title.
(2)
An officer employed in or by the Department who uses, for the purpose of
personal gain, any information disclosed under these rules that comes to him in
the course of, or by reason of, that employment shall be guilty of an offence
and be punishable under the efficiency & Discipline rules in force (3) The holder of a mineral title shall not
disclose information acquired by the holder as such except as provided in
paragraph (b) of rule 70 and in accordance with the title.
(4)
where a mineral title ceases to have effect in relation to an area of
land and the holder of the title does not acquire a further title over that
area, the Government shall have the right to disclose any information which it
has received from the holder in respect; of that area.
5. immunity of officers etc.- No liability shall attach to an officer
employed in or by the Department, a member of the Mineral Authority or an
authorised officer in respect of the exercise or performance, or purported
exercise or performance, in good faith, of any function under these rules.
PART 2
LARGE SCALE MINING
I-GENERAL
6.
Types of Mineral titles.- The
following mineral titles may, subject to these rules, be issued for the purposes
of large scale mining, namely,---
a.
reconnaissance licence;
b.
exploration licence;
c.
mineral deposit retention licence; or
d.
mining lease.
7.
Mineral agreements.- (1) The Government may, at the request of a person
proposing to carry on mineral operations, enter into an agreement, relating to
a mineral title, not inconsistent with these rules or any other law, with that
person, if the Government is satisfied that substantial investment is likely to
be made in mineral operations and that the carrying on of the undertaking in
question is desirable in the interest of the development of the mineral
resources.
(2)
The Federal Government may, at the request of the Government be a party
to and to the negotiation of, a mineral agreement.
(3) A
mineral agreement may, in particular, make provision with respect to all or any
of the following matters,---
a)
the grant, renewal, cancellation or transfer of a mineral title;
b)
minimum exploration operation to be carried on and related expenditures
to be incurred for the purposes of those operation;
c)
the formation of joint ventures;
d) the basis on which the fair market value
of any mineral or group of minerals may, from time to time, be determined on an
arms-length basis;
e) the payment of enhanced royally in
specified circumstances;
f) the payment of additional profits tax in
specified circumstances;
g) the establishment of secondary and
tertiary processing facilities;
h) the circumstances in which, and the
conditions on which, rights of pre-emption of minerals may be exercised by the
Government;
i) guarantees to ensure the due and proper
performance of the obligation of the holder or the mineral title;
j)
financial and insurance arrangements;
k) the settlement of dispute which may arise
in the interpretation or application of any provision of a mineral agreement by
a sole expert or through international arbitration;
l) co-ordination of exploration or mining
operation to be carried on by the person concerned under an exploration licence
or a mining lease with any such operation carried on by the holder of an
exploration licence or a mining lease in
any neighboring exploration area or mining area; and
m) other matters relating to mineral
operations as the Government may determine or as the parties to the agreement
may consider necessary.
(4)
WHERE THE Federal Government is a party to a mineral agreement, the
agreement may contain provision with respect to any matter for which the
Federal Government has executive authority under the Constitution.
(5)
Nothing contained in a mineral agreement shall be constructed as
absolving any party thereto from complying with any requirement laid down by
law from applying for, and obtaining, any mineral title, licence, approval,
permission or other document required by law.
(6)
For the purpose of determining under sub-rule (1) whether substantial
foreign investment is likely to be made in any particular case the Government
shall have regard to,---
a) the likely scale of the capital
investment to be made;
b) the expenditure and work programme
proposed by the applicant;
c) in the event of a commercial
discovery,---
(i) the likely scale of operation, and
(ii) the likely infrastructure to be
required;
d) the mineral or group of minerals to which
the mining title, if granted would relate and the potential export of that
mineral or group;
e) the techniques to be used for the
recovery of that mineral or group;
f) the technical and financial capabilities
of the applicant for a mineral title; and
g) other factors relevant to making that
determination.
8. Application under these rules. - (1) an
application under these rules shall,---
a) except where otherwise provided, be made
to the licensing Authority;
b) be in a form approved by the Licensing
Authority; and
c) be accompanied by the fee specified in
column these of schedule 1 in respect of the application in question;
(2) An application may be withdraw by the
applicant giving to the licensing Authority notice in writing to the effect
that the application withdraws.
(3) Where more than one application is made
in respect of the same area of land, the applications shall be dealt with in
the order in which they are received by the licensing Authority.
(4) The Licensing Authority may grant, on
such conditions as may determined in writing by the authority, or refuse, an
application.
9.
Power of licensing authority in respect of application.- (1) The
Licensing Authority may at any time
after the receipt of an application under these rules require the applicant by
notice in writing,---
(a) to furnish the licensing Authority
within such reasonable period as may be specified in the notice with,---
(i) in case of an applicant company such
information as may be described in the notice to enable the Licensing Authority
to determine who has, the controlling interest in the affairs of the company;
or
(ii) such other information as my be
described in the notice as the Licensing Authority may deem necessary for
purposes of considering the application;
(b) to publish particulars of the
application in relation to,---
(i) the full names of the applicant;
(ii) the area the kind of mineral title, and
the mineral or group of minerals to which
the application relates, in such manner as may be specified in the
notice;
(c) to give such particulars of the application
to the person or persons identified, in the manner specified, in the notice.
(2) in order to enable the Licensing
Authority to consider any application the licensing Authority may,---
(a) cause such investigation or negotiations
to be made or undertaken as the authority may in its discretion deem necessary;
or
(b) require the applicant, by notice in
writing, to furnish the authority, within such period as may be specified in
the notice, with such proposals, by way of alternative to or in addition to
proposals set out in the application.
(3) In considering any application and the
conditions subject to which the application may be granted, the Licensing
Authority shall take into account the need to conserve and protect the natural
resources in, on or under the land to which the application relates and in, on
or under adjoining or neighboring land.
(4) Where the Licensing Authority is
prepared to grant an application subject to certain conditions, the Licensing
Authority shall give notice to the applicant accordingly, stating in the notice
those conditions and the conditions referred to in rule 11.
(5) The applicant may, within the period of
one month after notice is given to him pursuant to sub-rule (4), or within such
further period as the Licensing Authority may, on good cause shown, accept in
writing the conditions or such other conditions as may be agreed by the
Licensing Authority and the applicant.
10. Offences in relation to applications. -
if an applicant fails,---
(a) to comply with the requirements of a
notice referred to in rule 9 (1) or 9(2) (b); or
(b) to agree as contemplated in rule 9 (5),
within the period specified in the notice, or such further period as may be
allowed by the Licensing Authority, the application in question shall lapse on
the expiry of the given period.
11. General condition of mineral titles. -
(1) in addition to any condition contained in the title or a mineral agreement,
it shall be a condition of a mineral title that the holder of the mineral title
shall,---
(a) exercise any right granted to the holder
by or under these rules reasonable and in such manner that the rights and
interests of the occupier of any land to which the title relates are not
adversely affected except to the extent that the occupier is compensated;
(b) in the employment of person, give
preference to citizens of
(c) carry out training programmes in order
to encourage and promote the development of citizens of
(d) with due regard to the need to ensure
technical and economic efficiency, make use of products or equipment,
manufactured or produced, and services available;
(e) co-operate with the persons involved in
the mining industry to enable citizens of
(f) take measures to prevent damage to the
environment, and where some adverse impact on the environment is unavoidable,
take measures to minimize such impact;
(g) make good, any damage caused to the
environment, as far as possible, during
the course of exploration or mining operations and on the cessation of such
operations due to expiry, or cancellation of the mineral title or otherwise;
(h) in the case of a company, give to the
Licensing Authority notice of any change in
its name, registered address, directors or share capital, within thirty
days as from the date of the change; or
(i)
in the case of a natural person, give to the Licensing Authority any
change of his address within thirty days of the change.
(2) it shall be a condition of every mineral
title that before the commencement of exploration operations within a reserved
or protect forest, thirty days notice in writing shall be given to the Forest
Officer concerned of the intention to commence the operations, and that the
operations shall be conducted subject to any condition regarding the use of
land that he may prescribe.
(3) A mineral title may provide for the
pre-emption of minerals by the Government in such circumstances as are
specified in the title, subject to the payment of the fair market price
determined on the basis so specified.
(4) it shall be a condition of a mineral
title that the holder of the title shall make such contributions for the
benefit of the local population, to the Government to be used for such
proposes, as may be provided for in the title or the mineral agreement.
(5) A mineral title may make provision with
respect to any of the matters referred to in rule 7 (3), other than paragraph
(f).
12. Restriction on exercise of right by
holder of mineral title. - (1) The holder of a mineral title shall not carry on
exploration or mining operations at or upon any point within a distance of
fifty meters from the boundary of the exploration area or, as the case may be,
the mining area, except with the previous permission in writing of the
Licensing Authority and in accordance with the conditions, if any, that it may
impose.
2. The holder of a mineral title shall not
carry on exploration or mining operation at or upon any point within a distance
of one hundred meters from any railway line, reservoir, canal or other public
works or buildings, except with the pervious permission in writing of the
Licensing Authority.
3. The holder of a mineral title shall not
erect any building or carry on any surface operations upon any public pleasure
ground, cremation or graveyard, or place held sacred by any class of persons,
or any house or village site, or public road or on any other place, which the
Licensing Authority may exclude from such operation.
4. The holder of a mineral title shall not,
without the written permission of the appropriate authority,---
(a) cut or injure any tree on occupied land;
(b) disturb the surface of any road;
(c) enter on any public pleasure ground,
cremation or graveyard, or place held sacred by any class of persons; or
(d) interfere with any right of way, well,
tank or cultivated agricultural land.
5. All surface operations conducted under
the authority of these rules within a reserved or protected forest shall be
subject to such conditions as the Forest Department may, by general or special
order, from time to time, prescribe. In the event of any disagreement between
the Forest Department and the holder of a mineral title the matter shall be
referred to the Secretary of the Department of Industries, Minerals whose
decision shall be final.
6. Before occupying any land for surface
operations or clearing any land, the holder a mineral title shall give to the
Licensing Authority one month‘s prior notice
in writing specifying by name or
other sufficient designation and quantity the land proposed to be
occupied and the purpose for which the same is required.
7. The Licensing Authority shall at any time
within one month form the receipt of a notice given pursuant to sub-rule (1)
state the objections. If any, on grounds of public interest to the proposed
site and the holder of the mineral title in question shall not proceed with any
of the operations mentioned in sub-rule (1) until the objections are removed.
8. The holder of a mineral title shall make
and pay such reasonable compensation as may be assessed by lawful authority in
accordance with the law in force on the subject applying to the lands over
which the title has been granted, for all damage, injury or disturbance which
may be done by the holder in exercise of the powers granted by the title, and
the holder shall indemnify the Licensing Authority against all claims which may
be made by third party in respect of any such damage, injury or disturbance. “In
case of dispute” the matter shall be referred to the
licensing Authority for a final decision”.
9. Any person who contravenes or fails to
comply with the provisions of sub-rules (1), (2), (3), (4), (6), (7), or (8)
shall be guilty of an offence and be liable to pay compensation as determined
by the Licensing Authority, in addition to fine as prescribed by the Government
from time to time.
13. Directions to holder of mineral title.-
(1) The Licensing Authority may, with due regard to good reconnaissance,
exploration or mining practices, by notice in writing given to the holder of a
mineral title, give directions to the holder in relation to:---
() the carrying out of reconnaissance
operation, exploration operations and mining operations, including any works
connected therewith;
() the conservation of any natural
resources, including mineral resources, and the prevention of the waste of such
resources;
(c) the protection and preservation of the
surface of mines or works and of buildings, roads, railways and other
structures and enclosures on or above
the surface of land, and the conditions under which such building, road,
railway, structure and enclosure may be undermined;
(d) the construction, erection, maintenance
operation, use or removal structures, equipment and other goods used in
connection with the exploration for, or the mining or conveyance of, minerals;
(e) the protection of the environment
including the prevention and combating of pollution of the air or land which
arises or may arise in the course of the operations involved in exploration or
mining of any mineral or after such operations have ceased;
(f) the making safe of undermined ground and
of dangerous slimes, tailings, dams, waste dumps, ash dumps, shafts, holes,
trenches or excavation of whatever nature made in the course of exploration or
mining operation;
(g) the safety, welfare and health of
persons employed in or in connection with reconnaissance operation, exploration
operations and mining operations and the conveyance of minerals;
(h) the taking, preservation and furnishing
to the Licensing Authority of cores, cutting or samples of minerals form minerals
from mines or excavations;
(i) the submission to the Licensing
Authority of reposts, returns and other information;
(j) the taking of logs or directional
surveys or the making of other investigations; and
(k) the creation of safety zones in relation
to structures erected on land to which the mineral title relates.
2. The Licensing Authority may, if the
holder of a minerals title fails to comply, within such period as may be
specified in a notice given under sub-rule (1), or such further period as the
Authority may on good cause shown allow in writing, with any direction given
under sub-rule (1) to the satisfaction of the Authority, causes such steps to
be taken as may be necessary to comply with the direction, and may recover from
the holder the costs incurred in connection with the taking of any such steps,
as a debt due to the Government.
3. Any holder of a mineral title who
contravenes or fails to comply with a notice given to him under sub-rule (1)
shall be guilty of an offence and be punishable with a penalty as prescribed by
the Government from time to time, in addition to rectification of the default
within a period given by the Licensing Authority failing which the mineral
title may be withdrawn.
II-RECONNAISSANCE LICENCE
14. Rights of holder of reconnaissance
licence.- (1) Subject to these rules and the condition of the licence, a
reconnaissance licence shall confer on the holder of the licence,---
(a) the non-exclusive right, or where
sub-rule (3) applies, the exclusive right, to carry on reconnaissance operation
in relation to the reconnaissance area in question in respect of any mineral or
group of mineral or group of minerals to which the licence relates; and
(b) the right subject to sub-rule (2), to
carry on such other operations, including
the erection or construction of ancillary works, in the reconnaissance area as
may be reasonably necessary for, or in connection with, any reconnaissance
operation of kind referred to in paragraph (a).
(2) The holder of a reconnaissance licence shall not erect or
construct any of the ancillary works such as are referred to in sub-rule (1)
(b) without the prior consent in writing of the Licensing Authority given, on
application made in that behalf to the authority by the holder, either
unconditionally of subject to such conditions as the authority may impose.
(3) Subject to sub-rule (4) the Licensing
Authority may, on application by,---
(a) a person applying for a reconnaissance
licence, grant to the applicant a reconnaissance licence; or
(b) the holder of a reconnaissance licence,
cause an endorsement to be made on the reconnaissance licence, by virtue of
which an exclusive right is conferred on the applicant or the holder to
exercise the rights referred to in sub-rule (1) (a), if the Licensing Authority
is on reasonable grounds satisfied that the extent of the reconnaissance
operations to be carried out and the expenditure to be incurred in relation to
the reconnaissance area justify the grant of such exclusive right.
(4) An exclusive right such as is referred
to in sub-rule (3) shall not be granted in respect of any area of land,---
(a) to which any other mineral title giving
an exclusive right to carry reconnaissance, exploration or mining operations
relates; or
(b) to which a Prospecting Licence relates,
to carry on reconnaissance, exploration or, as the case may be, mining
operation for the same mineral or group of minerals as those to which the
exclusive right would, if granted, relate.
(5) subject to sub-rule (3), a
reconnaissance licence shall not confer on the holder an exclusive right to
carry on reconnaissance operations as provided in sub-rule (1) (a).
15. Duration of reconnaissance licence.- (1)
subject to these rules,, a reconnaissance licence shall be valid for such
period, not exceeding twelve months, as may be specified in the licence.
(2) Notwithstanding sub-rule (1), and
subject to other provisions of these rules, where an application is made by the
holder of a reconnaissance licence for the grant of an exploration,---
(a) in relation to an area of land in or
which constitutes the reconnaissance area; and
(b) in respect of mineral or group of
minerals in relation to which the holder of the licence has the exclusive right
under rule 14 (3) to carry on reconnaissance operations, the reconnaissance
licence shall not expire in relation to that area of land and mineral or group
of minerals while the application is considered until the licence applied for
is issued, or the application is refused or withdrawn or has lapsed, whichever
first occurs.
16. Application for reconnaissance licence.
- (1) an application for the grant of a
reconnaissance licence shall,---
(a) give in respect of the person or, if
there is more than one person, of each person making the application;
(i) in the case of an individual, the full
names and nationality, date of birth and postal and residential address of the
person; or
(ii) in the case of a company, its name and
particulars of its incorporation and registration, the full name, address and
nationalities of the director and, it the company has a share capital, the full
names, address and nationalities of any person who is the beneficial owner of
more than five per centum of the issued share capital;
(b) be made in respect of an area of land
which is up to 5,000 sq. km. except where special exemption is granted by the
Government for the mega projects;
(c) identify the mineral or group of
minerals in respect of which a licence is sought;
(d) be accompanied by a detailed
topographical and geological description of the boundaries of the area of land
of which the application relates, and a plan drawn to an appropriate scale of
such area showing,---
(i) its location with reference to the
coordinates of the bench mark on topographic sheets;
(ii) the extent of the area and the boundaries
by reference to identifiable physical features and co, ordinate reference
points;
(e) contain particulars of,---
(i) the programme of reconnaissance
operations proposed to be carried on, the estimated expenditure in respect
thereof and the period within with the operation shall carried on; and
(ii) in the case of an application for an
exclusive right such as is referred to in rule 14 (3), the reason for the
application;
(f) furnish such particulars as may be
necessary to determine the applicant‘s technical and financial resources or,
where applicable, those of any person contractually engaged to provide such
resources, and copies of relevant contractual agreements;
(g) furnish,---
(i) particulars of all other mineral titles
held or mines operated in Punjab by the applicant, whether alone or jointly,
currently or during the ten years immediately preceding the date of the
application; or
(ii) where no such titles or mines are or
were held or operated particulars of any current involvement by the applicant
in reconnaissance, exploration or mining operation in and outside the Punjab.
(h) state the period, not exceeding twelve
months, for which the licence is required; and
(i) be accompanied by such documents as the
Licensing Authority may require in relation to any matter referred to in this
rule.
(2) An application for the grant of a
reconnaissance licence may contain any other matter which in the opinion of the
applicant ifs relevant the application.
17. Restrictions on grant of application for
reconnaissance licence. - The Licensing Authority shall not grant an
application for a reconnaissance licence,---
(a) unless the Licensing Authority is
satisfied that the applicant is a fit and proper person to hold the licence;
(b)
if the applicant is, at the time of the application, in default unless
the Licensing Authority is of opinion that special circumstances exist which
justify the grant of the application notwithstanding the default;
(c) unless the Licensing Authority, on
reasonable grounds, is satisfied,---
(i) with the programme of reconnaissance
operations to be carried on and the expenditure to be incurred on
reconnaissance operation; and
(ii) that the applicant has the technical
and financial resources to carry on those reconnaissance operations and make
that expenditure; or
(d) in respect of an area of land in
relation to a mineral or group of minerals in respect of which an exclusive
right has, under rule 14(3), been conferred on any other holder of a
reconnaissance licence.
18. Issue of reconnaissance licence. - (1)
subject to these rules Licensing Authority shall, upon the granting or an
application for a reconnaissance licence, issue to the applicant a
reconnaissance licence on such conditions as may be agreed.
(2) A reconnaissance licence shall,---
(a) state the full names and address of the
holder of the licence;
(b) state the date on which and the period
for which the licence is issued pursuant to rule 13(1);
(c) state the extent of the area granted
subject to rule 16 (1) (b), (d) contain
a description and plan, prepared by a qualified surveyor or the reconnaissance
area, as provided in rule 16(a)(d) containing geometrical or numerical
depictions, or any combination thereof, in words or symbols of the area;
(e) state the conditions, other than those
referred to in rule 11, subject to which the licence is issued;
(f) state the mineral or group of minerals
in respect of which the licence is issued;
(g) set out the approved programme of
reconnaissance operations and related expenditures and;
(h) contain such other particulars as the
Licensing Authority, either generally or in any particular case, may determine.
19. Work programme of reconnaissance
operations.- (1) Where the holder of a
reconnaissance licence is, by virtue of the conditions of the licence, required
to carry out or to make within a particular period, in accordance with a work
programme, certain minimum reconnaissance operations and expenditure, he shall
furnish the Licensing Authority, on such date or dates as may be specified in the
licence, or as may be determined by the
Licensing Authority and made known by notice in writing given to the
holder, with particulars of such reconnaissance operation carried out and the
expenditure made.
(2) The Licensing Authority may, on
application made to it by the holder of a reconnaissance licence by notice in
writing to the holder, amend any work programme or expenditure referred to in
sub-rule (1) in accordance with proposals contained in the application or to
such extent as the Licensing Authority may deem expedient.
(3) The holder of a reconnaissance licence
who fails to comply with the requirements of a work programme referred to in
sub-rule (1) shall, subject to the provisions of rule 74 be liable to pay in
the Provincial Fund such penalty as may be provided for in the conditions of
the reconnaissance licence in question, in the even of such a failure.
20. Records, etc., licence to be kept, etc.
by holder of reconnaissance licence.- (1) The holder of a reconnaissance
licence shall,---
(a) Keep at an address in Punjab a proper
record in such form as may be determined in writing by the Licensing Authority
in relation to,---
(i) The location and nature of all
photo-geological studies, imaging and geophysical and other surveys carried on
by the holder in the course of the reconnaissance operations in the
reconnaissance area to which the reconnaissance licence relates, and the
results, interpretations and assessments of such studies and surveys;
(ii) the persons employed by the holder for
purposes of the reconnaissance operations including the names, addresses,
nationalities and ages of such persons;
(iii) the expenditures incurred by the
holder in the course of the reconnaissance operations; and
(iv) such other information as may be
determined by the Licensing Authority and specified by notice in writing given
to the holder, and shall retain such records for a period of not less than tree
years from the date of expiry of the licence;
(b) prepare or cause to be prepared and
maintained at all times, plants and maps in respect of the reconnaissance
areas;
(c) prepare in respect of the period of the
currency of the reconnaissance licence a statement of income and expenditure
derived or incurred in connection with the reconnaissance operations in the
reconnaissance area and such other financial statements as the Licensing
Authority may require in such form as the authority may determine; and
(d) submit, within sixty day after the end
of the currency of the reconnaissance licence in respect of the whole of eth
reconnaissance area, or together with an application for an exploration licence
in respect of the whole or any portion or the reconnaissance area, to the
licensing Authority,---
(i) in such form as may be determined in
writing by the Licensing Authority, a report in duplicate or, in the case where
an application is made for an exploration licence in respect of a portion of
the reconnaissance area, separate reports in duplicate in respect of such
portion and the remainder of the reconnaissance are, setting out in relation to
such period,---
(aa) an evaluation of the prospects of the
discovery of any mineral or group of minerals in the reconnaissance area;
(bb) all information, including photographs,
tabulations, tapes and discs, in the records referred to in paragraph (a) and
the plans and maps referred to in paragraph (b); and
(ii) the statement of income and expenditure
and financial statements referred to in paragraph (c) (2) in the even of the
cancellation or surrender of a reconnaissance licence under rule 57 or rule 58,
or expiry of the licence, the person who was the holder of such licence
immediately before the cancellation, surrender or expiry, delivery to the
Licensing Authority,---
(a) all records kept in terms of the
provisions of sub-rule (1) (a);
(b) all maps and plans referred to in
sub-rule (1) (b);
(c) all reports, photographs, tabulations,
tapes and discs prepared by or on behalf of such person in the course of the
reconnaissance operation; and
(d) such other books, documents, records and reports as the Licensing Authority may
require by notice in writing given to such person, or copies of such records,
maps plans, reports, photographs, tabulations, tapes discs, books and
documents, unless and exploration licence is issued to such person in relation to the area to which such
reconnaissance licence relates with effect from the date following on the date
of the cancellation, surrender or expiry or such later date as the Licensing
Authority may, on good cause shown, allow.
(3) Any person, referred to in sub-rule (1)
or (2), who contravenes or fails to comply with the provisions or that sub-rule
shall be guilty of an offence and be punishable with a penalty as prescribed by
the Government from time to time, in addition to the rectification of the
default within the time given by the Licensing Authority failing which the
mineral title may be with-drawn.
III – EXPLORATION LICENCE
21. Right of holder of exploration licence.-
(1) Subject to these rules and the conditions of the licence, an exploration
shall confer on the holder of the exploration licence,---
a. the exclusive right to carry on
exploration operation in the area in question in respect of any minerals or
group of minerals to which the licence relates;
b. subject to the right of surface
holder the right to enter and occupy the
land which comprises the exploration area for the purpose of carrying out
exploration operations;
c. the right to take and divert water on or
flowing through such land and use it for any purpose necessary for exploration
operations subject to and in accordance with the provisions of the relevant
law;
d. with the permission in writing or the
Licensing Authority previously obtained generally or in every particular case
the right,---
(i) to remove from the exploration area any
mineral or group of minerals or sample thereof, for the purpose of testing,
assaying or pilot plant studies, from any place where it was found or
incidentally won in the course of such exploration operations to any other
place whether within or outside the Punjab or subject to such other permission
as may be required under other relevant law, outside Pakistan; and
(ii) to sell or otherwise dispose of limited
amounts of any such mineral or group of minerals or of material excavated
during exploration operations; and
e. subject to sub-rule (2), to do all other
things, including the erection or construction of ancillary works, in the
exploration area, as may be reasonably necessary for, or in connection with,
any exploration operations of the kind referred to in paragraph (a).
(2) The provisions of rule 12 (2) shall
apply mutatis mutandis in relation to the holder of an exploration licence
wishing to erect or construct accessory work under sub-rule (1) as they apply
in relation to the holder of a reconnaissance licence.
22. Duration of exploration licence.- (1)
Subject to these rules, an exploration licence shall be valid,---
(a) for such period, not exceeding three
years, as may be specified in the licence and;
(b) subject to rule 27 (2) (e), for such
further period, not exceeding three years, as may be determined by the
Licensing Authority in relation to any renewal of the licence as from the date
on which the licence would have expired if an application for its renewal had
not been made, or, on the date on which the application for the renewal is
granted, whichever is later.
(2) Notwithstanding the provisions of
sub-rule (1) but subject to the other provisions of these rules,---
(a) an exploration licence shall not expire
during any period when an application for renewal of the licence is being
considered until the application is refused or withdrawn or lapses, whichever
first occurs, or if the application is granted, until such time as the licence
is renewed in consequence of the application; or
(b) where the application is made by the
holder of the exploration licence for the grant of a mineral deposit retention
licence or a mining lease in relation to an area of land in or which
constitutes the exploration area and in respect of a mineral or group of
mineral to which the exploration licence
relates. The exploration licence shall note expire in relation to that area of
land and that mineral or group of minerals until the application is refused or
withdrawn or lapses, whichever is earlier or if the application is granted,
until the mineral deposit retention licence or, as the case may be the mining
lease, applied for is issued.
23. Effect of issue of mining lease or
mineral deposit retention licence on exploration area.
(1) Where a mining lease is issued to the
holder of an exploration licence in respect of an area of land in, or which
constituted, the exploration area and in respect of a mineral or group of
minerals to which the exploration licence related the exploration licence shall
case to have effect in relation to that area of land as from the date on which
the mining lease is issued.
(2) Where a mineral deposit retention
licence is issued to the holder of an exploration licence in respect of an area
of land in, or which constituted, the exploration area in respect of a mineral
or group of minerals to which the exploration relates the exploration licence
shall case to have effect in relation to that area of land on the date on which
the mineral deposit retention licence is issued.
24. Application for exploration licence. -
(1) an application for an exploration licence shall,---
a. in the case of an individual, give such
information as is referred to in rule 16 (1) a(i);
b. in the case of a company, give such
information as is referred to in rule 16 (1) a (ii);
c. be accompanied by a plan such as is
referred to in rule 16 (1) (d);
d.
furnish a comprehensive geological description of the area of land over
which the licence is sought, identify the potential for, or the nature of,
mineralization contained therein and identify and mineral or group of mineral
in respect of which the licence is sought;
e. contain particulars of,---
(i) the programme of exploration operation
proposed to be carried on, the estimated expenditure in respect thereof and the
period within which the operations shall be carried on;
(ii) the anticipated effect which the
proposed exploration operations may have on the environment and measures to be
taken to prevent or minimize any adverse effects thereon;
f. furnish particular such as are referred
to in rules 16 (1) (f);
g.
state the period, not exceeding three years, for which the licence is
required;
h. be accompanied by such documents as the
Licensing Authority may require in relation to any matter referred to in this
rule; and
i. be made in respect of an area of land not
exceeding 500 Square Kilometers.
(2) The application may contain any other
matter which in the opinion of the applicant is relevant to the application.
25. Exercise of power to grant or refuse
application for exploration licence. - (1) Subject to these rules, where an
application for an exploration licence,---
a. is made by the holder of a reconnaissance
licence and the application,---
(i) relates to an area of land which
constitutes the reconnaissance area; and
(ii) is in respect of any mineral or group
of minerals in relation to which the holder of the reconnaissance licence has,
under rule 14 (3), the exclusive right to carry on reconnaissance operations in
that area of land, the Licensing Authority shall grant the application;
b. is made by any other person; the
Licensing Authority may grant or refuse the application.
2. the Licensing Authority shall not grant
an application for an exploration licence to any person in relation to any area
of land in respect of any mineral or group of minerals if, at the time the
application is made,---
a. the area of land is in or constitute a
mining area or an area of land subject to a mining lease dealing with small
scale mining;
b. any mineral deposit retention licence is
held by any person in relation to the area of land, unless the Licensing
Authority deems it desirable in the interests of the development of the mineral
resources of Punjab to grant the application and, if the mineral deposit
retention licence is in respect of the mineral or group of minerals to which
the application relates, the holder of mineral deposit retention licence agrees
to the application being granted; or
c. any reconnaissance licence or exploration
licence conferring an exclusive right to carry on reconnaissance operations or,
as the case may be, exploration operations,
in the area of land in respect of the mineral or group of minerals to
which the application relates, is held by any other person unless,---
(i) that other person agrees to the application
being granted; and
(ii) the Licensing Authority deems it
desirable in the interest of the
development of the mineral resource of
(3) An application for an exploration
licence shall not be granted to an applicant,---
(a) if the application is, at the time of
the application, in default unless the Licensing Authority is of opinion that
the default is not substantial and that special circumstances exist which
justify the grant of the application not withstanding the default, and
(b) unless the licensing Authority is, on
reasonable grounds satisfied,---
(i) with the proposed programme of
exploration operation to be carried on and the proposed expenditure to be
incurred on exploration operation; and
(ii) that the person concerned has the
technical and financial resources to carry on the exploration operations.
4) An
application for an exploration licence shall not be granted in respect of an
area of land exceeding 500 square kilometers.
26.
Issue of exploration licence.-
The provisions of rule 18 shall apply mutatis mutandis in relation to
the issue of an exploration licence as they as they apply in relation to the
issue of a reconnaissance licence.
27.
Application for renewal of exploration licence. - (1) subject to this
rule, the provisions of rules 24 and 25 shall apply mutatis mutandis in
relation to an application for the renewal of an exploration licence as they
apply in relation to an application for the grant of an exploration licence.
2) An
application for the renewal of an exploration,---
a) be
made not later than ninety days before the expiry date of the licence or such
later date but not later than such expiry date, as the Licensing Authority may
allow;
b)
not be made,---
(i)
in the case of an application for a first renewal of the licence, in
respect of an area of land greater in extent than fifty per centum of
exploration area at the date of the issue of the exploration licence;
(ii)
in case of an application for a second renewal, in respect of an area of
land greater in extent than fifty per centum of the exploration area
immediately prior to the date of the application for the second renewal, or
such other proportion of the exploration area as the Licensing Authority may,
for good technical or other reason, grant; or
(iii) in the case of a second renewal unless
it is shown by the holder of the expiration licence that a further renewal is
necessary for the completion of a full feasibility study of the discovered
deposits and that the proposed activities were not reasonably completed during
the first renewal;
(c) be accompanied by a report in duplicate
containing the particulars contemplated
in rule 31(1) (d) prepared in respect of the immediately preceding period of
the currency of the exploration licence;
(d) describe and identify the part of the
exploration area to be retained and the part to be relinquished;
(e) be
accompanied by the proposed work programme and expenditures for the
period of the renewal; and
(f) in the case of a second renewal, shall
give the reason, supported by documentary proof. For requesting the renewal.
(3) The application may be made on not more
than two occasions, and
(4) Subject to the provisions of sub-rules
(5) and (6), the Licensing Authority shall not grant an application for the
renewal of an exploration licence;
(a) if the minimum exploration operations
and expenditures proposed to be carried out or expended in the renewal period
in respect of the area of land to which the application relates, is not
satisfactory; or
(b) if the applicant is, at the time of the
application, in default unless the Licensing Authority is of the opinion that
the default is not substantial and that special circumstances exist which
justify the grant of the application not withstanding the default.
(5) The Licensing Authority shall not refuse
under sub-rule (4) (a) to grant the application in question if the proposals in
respect of exploration operations and expenditures are in accordance with the
terms and conditions of a mineral title or mineral agreement relation to
proposals of that kind in respect of the exploration licence in question.
(6) The Licensing Authority shall not refuse
under sub-rule (4) (b) to grant the application in question, unless the
Licensing Authority has informed the holder of the licence in writing of its
intention to refuse the application,---
(a) setting out particulars of the alleged
default, and
(b) requiring the holder to make
representations to Licensing Authority in relation to the alleged default or to
remedy that default on or before a date specified in the notice, and the holder
has failed to remedy that default or make representations which, in the opinion
of the Licensing Authority remove the ground for the intended refusal.
(7) The Licensing Authority shall not grant
an application for a second renewal of an exploration licence unless the
application has shown that the renewal sought is necessary for the completion
of feasibility studies and could not have been reasonably completed during the
first renewal.
28. Application for amendment of exploration
licence. - (1) Subject to sub-rule (2), the holder of an exploration licence
may apply for the amendment of the licence,---
(a) by the extension or reduction, or both,
or the exploration area to which the licence relates; or
(b) by the addition of any mineral or group
of minerals, discovered in the exploration area, to which the licence does not
relate subject to the condition that the Licensing Authority may grant or
refuse such application for reasons to be recoded in writing,---
(2) The provisions of rules 24 and 25 shall
apply mutatis mutandis in relation to an application referred to in sub-rule
(1) as these apply in relation to an application for the grant of an
exploration licence.
(3) if an application under sub-rule (1) is
granted by the Licensing Authority. Is shall amend the exploration licence
concerned accordingly.
29. Obligations of holder of exploration
licence. - (1) it shall be a condition of an exploration licence that the
holder of the licence shall,---
(a) commence operations within three months
of the issue of the licence, and carry on exploration operations in the
exploration area in accordance with good exploration practices;
(b) take all reasonable steps necessary to
secure the safety, welfare and health of persons employed for purpose of those
operations in the exploration area and to protect the environment;
(c)
maintain in good condition and repair all structures, equipment and
other goods in the exploration area and used in connection with the exploration
operation;
(d) remove form the exploration area all
structures, equipment and other goods not used or intended to be used in
connection with the exploration operations;
(e)
take reasonable steps to warn persons who may from time to time be in
the vicinity of any such structures, equipment or other good of the possible
hazards resulting there from;
(f) give to the Licensing Authority notice
of the discovery of a deposit of any mineral or group of minerals to which the
holder‘s licence relates within ten days after the holder determined that the
deposit is of potential commercial interest;
(g) give to the Licensing Authority notice
of the discovery of a deposit of any mineral or group of minerals including
radioactive minerals necessary for the generation of nuclear energy, mineral
oil and natural gas, other than a mineral or group of minerals to which his
licence relates, within ten days after making the discovery.
(2) Any holder of an exploration licence who
contravenes or fails to comply with the provisions of sub-rules (1) shall be
guilty of an offence and be punishable with a penalty as prescribed by the
Government from time to time, in addition to the rectification of the default
within the time given by the Licensing Authority failing which the mineral
title may be withdrawn,---
30. Work programme of exploration
operations.- The provisions of rule 19 shall apply mutatis mutandis in relation
to the holder of an exploration licence, as they apply in relation to the
holder of a reconnaissance licence, and for the purpose any reference in that
rule to reconnaissance licence or reconnaissance operation shall be deemed to
be a reference to exploration licence or, as the case may be, exploration
operations.
31. Records, etc., to be kept, etc. by
holder of exploration licence.- (1) the
holder of an exploration licence shall,---
a) Keep at an address in Punjab a proper
record in such from as maybe determined in writing by the licensing Authority
in relation to,---
(i) the location and results of all photo
geological studies. Imaging, geological mapping, geochemical sampling,
geophysical surveying, drilling, pitting and trenching, sampling and bulk
sampling and other activities undertaken by the holder in the course of the
exploration operations carried on by the holder in, or in connection with, the
exploration area to which the exploration licence relates;
(ii) the results of all analytical,
metallurgical and mineralogical work incidental to such exploration operations;
(iii) the interpretation and assessment of
the studies, surveys and work referred to in sub-paragraphs (i) and (ii);
(iv) the nature, mass or volume and value of
any mineral or group of minerals sold or
otherwise disposed of and the full and address of any person to whom such mineral
or group of minerals was sold or otherwise disposed of;
(v) the nature, mass or volume and value of
any mineral or group of minerals sold or otherwise disposed of and the full
name and address of any person to whom such mineral or group of minerals was
sold or otherwise disposed of;
(vi) the expenditures incurred by the holder
in the course of such exploration operation; operations; and
(vii) such other information as may be
determined in writing by the Licensing Authority and specified by notice in
writing given to such holder;
b) prepare or cause to be prepared and
maintained at all times plans and maps in respect of the exploration area;
c) prepare in respect of the period of the
currency of the exploration licence a statement of income and expenditure
derived or incurred in connection with the exploration in the exploration area
and such other financial statement as the Licensing Authority may require in
such form as the Licensing Authority may
determine;
d) Submit within 30 days after the end of
each quarter during the currency of such exploration licence to the licensing
Authority in such from as may be determined in writing by the authority a
returns containing in relation to such quarter,---
(i) A summary of the particulars and
information contained in the records referred to in paragraphs (a) and (c) as
may be required by the Licensing Authority and indicated in such form or
requested by the authority by notice in writing given to the holder; and
(ii) Such other particulars as the Licensing
Authority may require in relation to the exploration operations carried on by
the holder; and
(e) submit, within 60 days after the end of
the currency of such exploration licence and of each period during which such
exploration licence has been renewed in respect of the whole of the exploration
area, or together with an application for the renewal such exploration licence
or an application for a mineral deposit retention licence or mining lease in
respect of the whole or any portion of the exploration area, to the Licensing
Authority, in such form as may be determined in writing by the Licensing
Authority, a report in duplicate or, in the case where an application is made
for a mineral deposit retention licence or mining lease in respect of a portion
of the exploration area separate reports in duplicate in respect of such area
and the remainder of such exploration area in relation to such period,---
(i) an estimate of the mineral reserved in
the exploration area properly illustrated by way of planes and maps accordingly
to an appropriate scale;
(ii) the nature, mass or volume and value of
any mineral or group of minerals sold or otherwise disposed of and the full
name and address of any person to whom such mineral or group of minerals has
been sold or otherwise disposed of;
(iii) An evaluation of the prospects of the
discovery of any mineral or group of minerals in the exploration area; and
(iv) Such other particulars as the Licensing
Authority may require in relation to the exploration operations carried on by such
holder.
2) in the even to the cancellation or
surrender of an exploration licence under rule 57 or rule 58 or the expiration
of an exploration licence, the person who was the holder of such licence
immediately before such cancellation or surrender or expiration shall, on a
date not later than one month after the date of such cancellation, surrender or
expiration deliver, to the Licensing Authority:---
a) all records kept in terms of the
provisions of sub-rule (1) (a);
b) all maps and plans referred to in
sub-rule (1) (b);
c) all reports, photographs, tabulations,
lapes and discs prepared by or on behalf of such person in the course of such
exploration operation, and
d) such other books,, documents, records and
reports as the Licensing Authority may require by notice in writing or copies
of such records, maps, plans, reports, photographs, tabulations lapes, discs,
books and documents, unless a mineral deposit retention licence or a mining
lease is issued to such person in relation to the area to which such
exploration licence related, with effect from the date following the date of
such cancellation, surrender or expiration or such later date as the Licensing
Authority may, on good cause shown, allow.
3)
Any person referred to in sub-rule (1) or (2) who contravenes or fails
to comply with the provisions of that sub-rule shall be guilty of a offence and
be punishable with a penalty as prescribed by the Government form time to time,
in addition to the rectification of the default within the time given by the
Licensing Authority failing which the mineral title may be with-drawn.
IV – MINERAL DEPOSIT RETENTION LICENCE.
32. Rights of holder of mineral deposit
retention licence. - (1) Subject to these rules and the conditions
of the licence, a mineral deposit retention licence shall authorize the holder
of the licence,---
a) to retain the retention area in question
for future mining operation subject to the provisions of rule 34;
b) to carry out a programme of operations
such as is referred to in rule 42;
c) with the permission of the Licensing
Authority previously obtained whether generally r every particular case,---
(i) to remove from the retention area any
mineral or group of minerals or sample thereof, for the purposes of testing,
assaying or pilot plant studies, from any place where it was found or
incidentally won in the course of carrying out such programme of operations to
any other place whether within or outside Punjab or, subject to such other
permission as may be required under other law, outside Pakistan; and
(ii) to sell or otherwise dispose of limited
amounts of any mineral or group of minerals or material excavated during
operations so carried out; and
d) subject to sub-rule (2), to do all other
things, including the carrying out of investigations and operations, and the
erection or construction of ancillary work, in the retention area, as may be
reasonably necessary for, or in connection with any operation as contemplated
in paragraph (b).
2) The provisions of rule 14 (2) shall apply
mutatis mutandis in relation to the holder of a mineral deposit retention
licence wishing to erect or construct accessory works under sub-rule (1) as
they apply in relation to the holder a reconnaissance licence wishing to do so
under rule 14.
33. Persons who may apply for mineral
deposit retention licence. - No person shall apply for the grant of a mineral
deposit retention licence unless,---
a) he is the holder of an exploration
licence in relation to the area of land and the mineral or group of minerals to
which the application relates;
b) a potentially economic discovery of
mineral deposit has been made in the exploration area;
c) the applicant has completed a full
feasibility study to determine whether the mineral discovered can be developed
and produced on a profitable basis;
d) the applicant wishes to retain the
exploration area or a part thereof for future development of the mineral
deposit discovered as development could
not then be reasonably undertaken on a profitable basis for good economic or
technical reason; and
e) exploration operation and relevant
studies have been undertaken to the maximum extent feasible in the
circumstance.
34. Duration of mineral deposit retention
licence.- (1) Subject to these rules, a mineral deposit retention licence shall
be valid:---
a) or such period, not exceeding two years,
as may be specified in the licence; and
b) for such further period, not exceeding
one year, as may be determined by the Licensing Authority at the time of the
granting of any application for the renewal of the licence.
(2) Notwithstanding the provisions of
sub-rule (1) but subject to the other provisions of these rules,---
a) a mineral deposit retention licence shall
not expire during the period and application for renewal of the licence is
being considered, until the application is refused or withdrawn or lapses,
whichever is earlier or if the application is refused or withdrawn or lapses,
whichever is earlier or if the application is granted, until such time as the
licence is renewed in consequence of the application; or
b) where an application is made by the
holder of a mineral deposit retention licence for the grant of a mining lease
in relation to an area of land in or which constitutes the retention area, and
in respect of any mineral or group of mineral to which the licence relates. The
licence shall not expire in relation to that area of land and that mineral or
groups of minerals until the applications is refused or withdrawn or lapes
whichever first occurs. Or if the application is granted, until such time as
the mining lease applied for is issued.
3) Where a mining lease is issued to the
holder of a mineral deposit retention lecence in respect of an area of land
which forms part of the retention area and in respect of any mineral or group
of minerals to which the mineral deposit retention licence relates:---
a) that mineral deposit retention licence
shall cease to have effect in relation to the area of land as from the date of
the issue of the mining lease; and
b) any other mineral deposit retention licence
for the same mineral shall so case to have effect unless the Licensing
Authority has, with the concurrence of the holder to whom the mining lease is
issued, determined otherwise on such conditions as may be specified in writing
by the Licensing Authority.
35. pplication for mineral deposit retention
licence. - (1) an application for a mineral deposit retention licence shall,---
a) in the case of an individual, give such
information as is referred to in rule 16 (1) (a) (i);
b) in the case of a company, give such
information as is referred to in rule 16 (1) (a) (ii);
c) be accompanied by a description and plan
such as is referred to in rule 16 (1) (d) of the area of land, not greater than
the exploration area concerned, over which the licence is sought;
d) identify the mineral or group of minerals
to which the application relates and furnish full details of the proven,
estimated or inferred mineral reserves contained therein, and of the mining
conditions pertaining thereto;
e) contained particulars of:---
(i) the proposals for the carrying out of
work in the exploration area and expenditures during the period of the
retention licence in respect of which the application is made and if no further
work in or in relation to the exploration area could be usefully carried out
the reasons therefore;
(ii) the state of the environment in the
area to which the application relates, the likely adverse impact the operations
to be carried on may have on the environment and the measures to be taken to
prevent or mitigate such impact;
f) furnish particulars such as are referred
to in rule 16 (1) (f);
g) furnish particulars of the exploration
licence held by the applicant;
h) give reasons in support of the claim that
the mineral deposit discovered in the area of land to which the application
relates could not then be mined on a profitable basis; and a forecast of the
circumstances in which, and the earliest date on which, the mineral or group or minerals
discovered might be so mined;
(i) state the period for which the licence
is required;
(ii) be accompanied by relevant data,
studies analyses, documents and such other information as the Licensing
Authority may require in relation to the application;
2) An application for a mineral deposit
licence may contain any other matter which in the opinion of the applicant is
relevant to the application.
3) An application for a mineral deposit
retention licence shall be made not later
than one hundred and eighty days before the expiry of the exploration
licence or any renewal thereof, or such later date, but not later than such
expiry date, as the Licensing Authority may allow.
36. Exercise of power to grant or refuse
application for mineral deposit retention
licence.---
The Licensing Authority shall not grant an
application for a mineral deposit retention licence to a person who is, under
rule 33, entitled to apply for such licence:---
a) in respect of an area larger than an area
which in the opinion of the Licensing Authority is required having regard to
the minerals or groups of minerals discovered in the area to which the
application relates, to carry on the mining operation;
b) if the applicant is at the time of the
application in default, unless, the Licensing Authority is of the opinion that
the default is not substantial and that special circumstances exist which
justify the grant of the application;
c) in relation to any mineral or group of
minerals, unless the Licensing Authority
is on reasonable grounds satisfied,---
i) that the deposit of the mineral or group
of minerals in the area to which the application relates cannot, for the
reasons set out in the application, be mined on a profitable basis at the time
and can probably be mined on the expiration of the period contemplated in rule
34;
ii) that no further work can be usefully
carried on in the exploration area which may have the effect of negating the
reasons so given; and
iii) that it is desirable, having regard to
the further utilization of the mineral resources of
d) in relation to the area of land to which
such application relates in respect of any mineral or group of minerals, if at
the time of such application,---
i) such area of land forms part of any exploration area in relation to any
mineral or group of minerals, if at the time of such application,---
(aa) the applicant has given a notice in
writing, not later than on the date on which such application is made, to the
holder of the exploration licence in respect of that exploration area, of his
application or intended application, as the case may be for such mineral
deposit retention licence;
bb) the Licensing Authority has afforded the
holder referred to in paragraph (aa) a reasonable opportunity to make
representation in relation to such application;
cc) the Licensing Authority, with due regard
to any representation made in terms of paragraph (bb), deems it desirable to
grant such licence having regard to the future utilization of the mineral
resources of Punjab, or
ii) such area of land forms part of any
retention area in relation to any mineral or group of minerals, other than the
mineral or group of minerals to which the application relates, unless:---
dd) the Licensing Authority deems it
desirable, having regard to the future utilization of the mineral resources of
ee) the Licensing Authority is on reasonable
grounds satisfied that the programme of operations referred to in paragraph (1)
(b) of rule 32 and any other investigations and operations referred to in
paragraph (1) (d) of that rule to be carried on by virtue of such licence, if
issued, will not detrimentally affect the rights of any holder of the mineral
deposit retention licence in respect of any such area; and
ff) the holder of the mineral deposit
retention licence has consented to the application for the grant of the mineral
deposit retention licence.
(2) The Licensing Authority shall not refuse
to grant an application for a mineral deposit retention licence on any ground
contemplated in sub-rule (1)(b), unless the Licensing Authority,---
a) has by notice in writing informed such
holder of its intention to refuse such application.
(i) setting out particulars of the grounds
for the intention, and
(ii) requiring such holder to make
representation to the Licensing Authority in relation to such grounds or to
remedy any matter relating to such grounds specified in such notice, and such
holder has failed to remedy such matter or to make representations; and
b) has taken into consideration any
representation made by such person.
37. Issue of mineral deposit retention
licence. - The provisions of rule 18 shall apply mutatis mutandis in relation
to the issue of a mineral deposit retention licence as they apply in relation
to the issue of a reconnaissance licence.
38. Conditions.- it shall be a condition of
every mineral deposit retention licence that the department may disclose
information with respect to the retention area to a person if the department is
satisfied that the person with bonafide
intention seeks the information for the purpose of investigating the
possibility of carrying on mining operations in the retention area.
39. Application for renewal of mineral
deposit retention licence.- (1) Subject
to sub-rule (2). The provisions of rules 35 and 36 shall apply mutatis mutandis
in relation to an application for the renewal of a mineral deposit retention
licence as they apply in relation to an application for the grant of a mineral
deposit retention licence.
2) An application for the renewal of a
mineral deposit retention licence shall be made not later than ninety days
before the date on which the licence expires if not renewed or such later date,
but not later than such expiry date, as the Licensing Authority may, on good
cause shown, allow.
3) Subject to the provisions of sub-rule
(4), the Licensing Authority shall refuse an application for the renewal of a
mineral deposit retention licence if the applicant is, at the time of the
application, in default unless the Licensing Authority is of the opinion that
the default is not substantial and that special circumstances exist which
justify the grant of the application notwithstanding the default.
4) The Licensing Authority shall not refuse,
under sub-rule (3), to grant the application in question, unless the authority
has, by notice in writing informed the holder of the licence of its intention
to refuse the application:---
a)
setting out particulars of the alleged default, and
b) requiring the holder to make
representation to the Licensing Authority in relation to the alleged default or
to remedy that default on or before a date specified in the notice, and the
holder has failed to remedy that default or make representation, which, in the
opinion of the Licensing Authority, is a ground for the intended refusal.
40. Application for amendment of mineral
deposit retention licence. - (1) Subject
to sub-rule (2), the holder of a mineral deposit retention licence may apply
for the amendment of the licence,---
a) by the reduction of the retention area to
which the licence relates; or
b) by the addition of any mineral or group
of minerals discovered in the retention area, to which the licence does not
relate.
2) The provisions of rules 37 and 38 shall
apply mutates mutandis in relation to an
application under sub-rule (1) as they apply in relation to an application for
the grant of a mineral deposit retention licence.
3) if an application under sub-rule (1) is
granted by the Licensing Authority, it shall amend the mineral deposit
retention licence accordingly.
41. Obligations of holder of mineral deposit
retention licence.- The provisions of rule 29 (1) shall apply mutatis in
relation to a mineral deposit retention licence as they apply in relation to an
exploration licence, and for that purpose, the reference to the holder of an
exploration licence shall be deemed to be a reference to the holder of a
mineral deposit retention licence.
42. Work programme under mineral deposit
licence. - The holder of a mineral deposit retention
licence shall carry out any programme of operations, including evaluation, from
time to time, of the mineral deposit concerned, as may be specified in the
licence or directed to be performed by the Licensing Authority, as a condition
of any renewal of the licence.
43. Direction to apply for mining lease. -
(1) Where,---
a) during the lean of a mineral deposit
retention licence,---
(i) proposal are made to the Licensing
Authority, in writing, by a person, other than the holder of the licence, to
mine in the retention area, under a mining leas granted to the person, the
mineral or group of minerals to which the mineral deposit retention licence
relates; and
(ii) the Licensing Authority is satisfied
that the proposals,---
(aa) would be likely to ensure the
efficient, beneficial and timely use of that mineral or group of minerals; and
(bb) are made in good faith by a person who
has the technical and financial ability and experience to carry out the
proposal and is otherwise qualified to hold a mining lease; or
b) during the term of a mineral deposit
retention licence, the Licensing Authority has good reason to believe,---
(i) that a mineral or group of minerals to
which the mineral deposit retention licence relates may be mined sold or
otherwise disposed of on a profitable basis.
(ii) that further work may indicate the
existence of any such mineral or group of minerals which may be mined, sold or
otherwise disposed of on a profitable basis.
The Licensing Authority, if it wishes to
proceed with the development of the deposit, shall, before doing so, afford the
holder of the mineral deposit retention licence, in accordance with sub-rule
(2), an opportunity to apply for a mining lease,---
2) in the circumstances referred to in
sub-rule (1), the Licensing Authority shall,
by notice in writing, given to the holder of the mineral deposit retention
licence,---
a) in the case referred to in sub-rule (1)
(a):---
(i) inform the holder that it has received
proposals of the kind referred to in that sub-rule giving the name of the
person making the proposals; and
(ii) direct the holder to apply, within such
reasonable period as is specified in the notice, for a mining lease over land
in, or which constitutes, the retention area, in respect of the mineral or
group of minerals to which the mineral deposits retention licence is applied
or;
b) in the case referred to in sub-rule (1)
(b) direct the holder,---
(i) to apply for a mining lease within such
reasonable period as may be specified in the notice;
(ii) to carry on mining operations in
respect of the mineral or group of minerals;
(iii) to carry on such further exploration
operations as may be specified in the notice in relaxation to the retention
area within such reasonable period as may be specified in the notice; or
(iv) to surrender, if the holder so wishes,
the retention area in accordance with these rules.
3) Where, in the case referred to in
sub-rule (1) (a), before the expiration of the period so specified, the holder
of the mineral deposit retention licence,---
a) fails to apply for the mining lease as
directed; or
b) notifies the Licensing Authority in
writing that no such application shall be made, the mineral deposit retention
licence shall be deemed to have been cancelled on the expiration of that period
or, as the case may be, when the
Licensing Authority is so notified, and rule 57 (8) shall have effect
accordingly.
4) where, as provided in sub rule (3), a
mineral deposit retention licence is deemed to have been cancelled, the
Licensing Authority shall by notice in within given to the person who made the
proposals referred to in sub-rule (1).
a) inform the person accordingly; and
b) invite the person to apply under these
rules, within the period specified in the notice, for a mining lease to give
effect to those proposals.
5) Any holder of a mineral deposit retention
licence who contravenes or fails to comply with a direction given to the holder
under sub-rule (2) (b) shall be guilty of an offence and be punishable with a
penalty as prescribed by the Government from time to time, in addition to the
rectification of the default within the time given by the Licensing Authority
failing which the mineral title may be with-drawn.
44. Records, etc., to be kept, etc., by
holder of mineral deposit retention licence.
- (1) the holder of mineral
deposit retention licence shall,---
a) keep at an address in Punjab a proper
record in such form as may be determined in writing by the Licensing Authority
in relation to,---
(i) the investigations and operations,
including the erection or construction of ancillary works, in such retention
area as may be reasonably necessary, carried on by the holder for or in
connection with, future mining operations contemplated in rule 32;
(ii) the location and results of all photo
geological studies, imaging, geological mapping, geochemical sampling,
geophysical surveying, drilling, pitting and trenching, sampling and bulk
sampling and all other activities undertaken by the holder in the course of the
exploration operations carried on by the holder, or in connection with the
retention area to which the mineral deposit retention licence relates;
(iii) the result of all analytical,
metallurgical and mineralogical work incidentals to exploration operation;
(iv) the interpretation of land assessment
of the studies, surveys and work referred to in sub-paragraphs (ii) and (iii);
(v) the persons employed by the holder for
purpose of such investigations and operations, including the names, addresses,
nationality and ages of such person;
(vi) the expenditures incurred by the holder
in the course of such exploration operations; and
(vii) such other information as maybe
determined by the Licensing Authority and specified by notice in writing
address and delivered to such holder;
b) prepare or cause to be prepared and
maintained at all times plans and maps in respect of the retention area;
c) submit within 60 ays after the end of the
currency of such mineral deposit retention licence in respect of the whole of
the retention area, or together with an application for the renewal of such
mineral deposit retention licence or an application for a mining lease in
respect of the whole or any portion of the retention area, to the Licensing
Authority in such form as may be determined in writing by the Licensing
Authority, a report in duplicate or in the case
where an application is made for a mining lease in respect of a portion
of the retention area, separate reports in duplicate in respect of such portion
and the remainder of such retention area, setting out in relation to such
period,---
(i) an evaluation of the prospects of future
mining operation in such retention area;
(ii) all information, including photographs,
tabulations, lapes and discs, in the record referred to in paragraph (a) and
the plans and maps referred to in paragraph (b); and
(iii) such other particulars as the
Licensing Authority may require in relation to the operation carried on by such
holder; and
(d) submit to the Licensing Authority such
other reports, records and other information as the authority may from time to
time require in connection with the carrying on of investigations and
operations in the retention area in question.
(2) In the even of the cancellation of a
mineral deposit retention licence under rule 57 or the surrender or expiry of a
mineral deposit retention licence the person who was the holder of such licence
immediately before the cancellation, surrender or expiration shall, on a date
not later than 180 days after the date of the cancellation or surrender of
expiry, deliver to the Licensing Authority,---
(a) all records kept in term of the
provisions of sub-rule (1) (a); and
(b) such other books, documents records and
reports as the Licensing Authority may require by notice in writing.
Or copies of such records, books, documents
and reports, unless a mining licence is
issued to such person in relation to the area to which such mineral
deposit retention liecence relate with effect from the date following on the
date of such cancellation, surrender or expiry or such later date as the
Licensing Authority may, on good cause shown, allow;
(3) Any person referred to in sub-rule (1)
or (2) who contravenes or fails to comply with the provisions of that sub-rule
shall be guilty of an offence and be punishable with a penalty as prescribed by
the Government from time to time, in addition to the rectification of the default
within the time given by the Licensing Authority failing which the mineral
title may be with-drawn.
V-MINING LEASE
45. Rights of holder of mining lease. - (1)
Subject to these rules and the conditions of the lease, a mining lease shall
confer on the holder of the lease,---
a) the exclusive right to carry on mining
operations in the mining area in question in respect of any mineral or group of
minerals to which the lease relates;
b) the right to enter and occupy the land
which comprises the mining area for the purpose of carrying on mining
operations and exploration operations referred to in paragraphs (a) and (b);
c) the right to carry on in the mining area,
in conjunction with mining operations such as area referred in paragraph (a),
exploration operation in relation to any such mineral or group of minerals;
d) the right to remove from the mining area
any mineral or group of minerals, from any place where it was found or mined in
the course of mining operations such as are referred in paragraph (a) or found
incidentally won in the course of exploration operations referred in paragraph
(b), to any other place within or outside Punjab or, subject to such other
permission as may be required under any relevant law, to any place outside
Pakistan;
e) the right to take and divert water on or
flowing through such land and use it for any purpose necessary for mining
operations subject to, and in accordance with the provisions of the relevant;
f) the right to sell or otherwise dispose of any such mineral or group of
minerals subject to any condition of the mining lease or mineral agreement
relating to the satisfaction of the internal requirement of Pakistan; and
g) the right, subject to sub-rule(2), to do
all other things and carryon such other operations, including the erection or
construction of ancillary work, as may be reasonably necessary for, or in
connection with, the mining or exploration operations, removal, selling or
disposal contemplated in paragraphs (a), (b), (c), or (e).
2) the provision of rule 14(2) shall apply
mutatis mutandis to the holder of a mining lease who wishes to erect or
construct ancillary works under sub-rule(1) as the apply in relation to the
holder of a reconnaissance licence wishing to do so under rule 14.
46. Duration of mining lease.-(1) Subject to
these rules, a mining lease shall be valid,---
a) for such period, not exceeding thirty
years or the period representing the life of the mine, (as determined by the
Licensing Authority whichever is lease, as may be specified in the lease; and
b) subject to sub-rule(2), for such period
as may be determined by the Licensing Authority in relation to any renewal of
the lease, as from the date on which the lease would have expired if an
application for its renewal had not been made or on the date on which the
application for renewal is granted, whichever is later.
2) A mining lease may be renewed for a
period not exceeding ten years, or for the period representing the estimated
life of the mine by the Licensing Authority, as determined on the basis of
available date, whichever is the leaser period as from the date on which the
application for renewal is received by the Licensing Authority;
3) Notwithstanding the provisions of
sub-rule (1), but subject to the other provisions of these rules, where an
application is made for the renewal of a mining lease, the lease shall not
expire during the period the application is being considered unless the
application is refused or withdrawn or lapses, whichever is earlier, or if the
application is granted, until such time as the lease is renewed in consequence
of the application.
47. Application for mining lease.-(1) an
application for the grant of a mining lease may be made only by a body
corporate formed by or under a law for the time being in force in
2) An
application for the grant a mining lease shall,---
a)
give such information as is referred to in rule 16 (1) (a)(ii);
b) be accompanied by a description an plan
such as is referred to in rule 16 (1) (d);
c) be made in respect of an area of land not
exceeding 250 square kilometers;
d) furnish particulars such as are referred
to in rule 16(1) (1);
e) be accompanied by a technological report
on mining and treatment possibilities and the intention of the applicant in
relation thereto;
f) be accompanied by the relevant
feasibility studies, detailed plans for development and operation of the mine
and the programme of proposed mining operation mining operations, including a
forecast of,---
(i) the date by which the applicant intends
to work for profit;
(ii) the capacity of production and scale of
operations;
(iii) the anticipated overall recovery of
ore and mineral products; and
(iv) the nature of the products;
g) the accompanied by an environmental
impact assessment in terms of the Environmental protection Act,1997 and shall
identify the extent of any adverse effect which the plan for development and
operation of the mine and the carrying out of the programme of proposed mining
operation would be likely to have on the environment and on any monument or
relic in the area over which the lease is required, and proposal for
criminating or controlling that effect;
h) present proposals for the prevention of
pollution, the treatment and disposal of wastes, the safeguarding; reclamation
and rehabilitation of land disturbed by mining operations, the protection of
rivers and other sources of water and for monitoring and managing of any
adverse effect of mining operation on the environment;
i) identify any particular risks
(whether to health or otherwise) involved
in mining the mineral or group of minerals which it is proposed to mine, and
proposals for their control or crimination;
j) give or be accompanied by a statement
giving a detailed forecast of capital investment, operating costs and revenues
and the anticipated type and source and extent of financing;
k) be accompanied by a statement giving
particulars of expected infrastructure requirements;
l) state the period for which the lease is
required; and
m) be accompanied by such other documents
and information as the Licensing Authority may require in relation to the
application;
3) An application for the grant of a mining
lease may contain any other matter which in the opinion of the applicant is
relevant to the application.
48. Exercise of power to grant or refuse
application for mining lease.-(1) Subject to these rules, where an application
for the grant of a mining lease is made by the holder of an exploration licence
or a mineral deposit retention licence, and the application.
a) relates to an area of land in, or which
constitutes, the exploration area or, as the case may be, the retention area;
and
b) is in respect of any mineral or group of
minerals;
(i) to which such exploration licence
relates;
(ii) to which such mineral deposit retention
licence relates, the Licensing Authority shall grant the application.
2)
Subject to these rules, where an application is made for the grant of a
mining lease by any person other than a person such as is referred to in
sub-rule(1), the Licensing Authority may grant or refuse the application.
3) The Licensing Authority shall not grant
an application for a mining lease relation to any area of land in respect of
any mineral or group of mineral if, at the time the application is made,---
a) any exploration licence conferring an
exclusive right to carry on exploration operations in that area of land in
respect of that mineral or group of minerals;
b) any mining concession for small scale
mining in relation to that area of land in respect of that mineral or group of
minerals; or
c) may mineral deposit retention licence in
relation to that area of land and in respect of that mineral or group of
minerals, is held by any person other than the applicant or the mining lease,
unless,---
(i) that other person agrees to the application
being granted; and
(ii) the Licensing Authority deems it
desirable in the interest of the development of the mineral resources to grant
the application.
4) The Licensing Authority shall not grant
an application for a mining lease in relation to any area of land in respect of
any mineral or group of minerals if at the time the application is made, the
period specified in an invitation, given under rule 43(4) to a person, other
than the applicant, to apply for such a mining lease, has not expired.
5) Notwithstanding the provisions of
sub-rule (1), but subject to the provisions of sub-rule (5), an application for
the grant of a mining lease shall not be granted,---
a)
Unless,---
(i) the feasibility study shows that the
mine can be profitably developed and operated;
(ii) the proposed plans for development and
operation of the mine and the programme of the mining operations of the
applicant in question ensure the efficient, beneficial and timely use of the
mineral resources in question, and
(iv) the Director General, Mines &
Mineral is satisfied in respect of environmental effect of the project and any
condition or limitation prescribed by the Pakistan Environmental Protection
Act, 1997 and rules and Regulations made there under;
b) if the applicant in question is, at the
time of the application, in default unless the Licensing Authority is of the
opinion that the default is not substantial and that special circumstances
exist which justify the grant of the application; or
c) in the case of an application made in
relation to any area of land and in respect of any mineral or group of
minerals, to a person who does not hold an exploration licence or a mineral
deposit retention licence in relation to that area of land, or in respect of
that mineral or group of minerals, unless the Licensing Authority is of opinion
that the mineral or the group of minerals is present in the area of land in
potentially commercial quantities.
6) The Licensing Authority shall not, in the
case of an application for a mining lease by the holder of a mineral title
referred to in sub-rule (1), refuse to grant the application,---
a) in terms of sub-rule (5) (a), unless the
Licensing Authority has, by notice in writing given to the applicant, its
intention to so refuse the application to so refuse the application and has,---
(i)
informed the applicant of the reasons for is intention;
(ii) afforded the applicant an opportunity
to make, within such reasonable period as may be specified in the notice,
representation in relation to all matters relating to its intention and, if the
applicant so desire, to make proposals in relation to any such matters; and
(iii) taken into consideration any such
representation; and
b) in terms of sub-rule (5) (b), unless the
Licensing Authority has, by notice in writing given to the applicant, its
intention to so refuse the application,---
(i) setting out particulars of the alleged
default; and
(ii) requiring the applicant to make
representation to the Licensing Authority in relation to the alleged default or
to remedy the default on or before a date specified in the notice, ad the
applicant has failed to remedy the default or made such representation as in
the opinion of the authority is the ground for the intended refusal.
7) The Licensing Authority shall not refuse
an application for a mining lease on the ground that any proposal in the
application is inadequate or unsatisfactory unless the Licensing Authority has,
by notice in writing informed the applicant accordingly and afforded the
applicant a reasonable opportunity to modify the proposals concerned.
49. ssue of mining lease.- The provisions of
rule 18 shall apply mutatis mutandis in relation to the issued of a mining
lease as they apply in relation to the issue of a reconnaissance licence.
50. pplication for renewal of mining lease.
- (1) Subject to sub-rule (2), the provisions of rules 47 and 48 shall apply
mutatis mutandis in relation to an application for the renewal of a mining
lease as they apply in relation to an application for the grant of a mining lease.
2) An application for the renewal of mining
lease shall be made not later than six months before the date on which the
lease expires, if not renewed or such later date but not later than such expiry
date, as the Licensing Authority may, on good cause shown, allow.
3) Subject to sub-rule (4), upon an
application duly made for the renewal of a mining lease, the lease may be
renewed as provided in rule 46 (2) with or without a variation of the
conditions of the lease;
4) The Licensing Authority shall not grant
an application for the renewal of a mining lease if minerals in workable
quantities have been mined.
51. Application for amendment of mining
lease.- (1) Subject to sub-rule (2), the
holder of a mining lease may apply of the amendment of the lease,---
a) by the extension or reduction, or both,
of the mining area to which the lease relates; or
b) by the addition of any mineral or group
of minerals, discovered in the mining area, to which the lease does not relate.
2) The provisions of rule 47 and 48 shall
apply mutatis mutandis in relation to an application under sub-rule (1) as they
apply in relation to an application for grant of a mining lease.
3) if an application under sub-rule (1) is
granted by the Licensing Authority, it shall amend the mining lease
accordingly.
52. Obligations of holder of mining lease. -
(1) Subject to sub-rule (2), provisions
of rule 29 (1) shall apply mutatis mutandis in relation to a mining lease as
they apply in relation to an exploration
licence, and for that purpose, the reference to the holder of an
exploration licence shall be deemed to be a reference to the holder of a mining
lease.
2) it shall be a condition of the mining
lease that the holder shall commence mining operations within six months of the grant of the lease and
shall carry on those operations in accordance with the approved plan for
development and operation of the mine.
53. Notice of cessation of mining
operations.- The holder of a mining lease shall,--
a) where he intends to temporarily case
mining operation or to reduce the normal rate of production, give notice in
writing of that intention to the Licensing Authority on a date not later
than,---
(i) in the case of such intended cessation
of mining operation, thirty days; or
(ii) in the case of such intended reduction
of production, seven days, or such other period as the Licensing Authority may,
on good cause shown, allow before such intended cessation or intended
reduction;
b) if, for any reason beyond his control at
any time, temporarily cases mining
operation, or reduces the normal rate of production, notify the Licensing
Authority of such temporary cessation or reduction as soon as possible after
such cessation or reduction, and provide reasons for such intention of
cessation or reduction, as the case may be, and such particulars as the
Licensing Authority may require in connection with the location, nature and
extent of such mining operations.
54. Action by Licensing Authority.- On receipt of a notice referred to in rule
53, or if the Licensing Authority has otherwise reason to believe that the
holder of any mining lease has ceased, whether permanently or temporarily, or
reduced mining operations, the Licensing Authority may cause the matter to be
investigated; and
a) give its approval on such conditions, as
the Licensing Authority may determine, to the cessation or reduction; or
b) refuse its approval and give such
directions to the holder as the authority deems appropriate.
55. nit development.- (1) this rule applies
where the Licensing Authority determines,---
a) in the interest of the effective recovery
of minerals from neighboring of contiguous mining area; or
b) in the national interest in order to
secure the rational development and ultimate recovery of any mineral form
neighboring or contiguous mining areas that it is desirable that the holders of
the mining lease in respect of those areas should co-ordinate their operations
or develop their deposits as a unit.
2) Subject to sub-rule (3), the Licensing
Authority may, in writing direct the holders of the mining lease to enter into
an agreement, within the period specified in the direction, for or in relation
to the co-ordination of their operations or the development of their deposits,
giving in the notice the grounds for the direction, and to lodge the agreement
with the Licensing Authority forthwith for approval.
3)
Before giving any direction under sub-rule (2) the Licensing authority
shall afford each holder of a mining lease a reasonable opportunity to make
representation to the Licensing Authority in writing with regard to the
proposed direction.
4) Where.---
a) an agreement so lodged as required by
sub-rule (2), or
(b) an agreement so lodged is not
satisfactory to the Licensing Authority. The Licensing Authority may cause to
be prepared, in accordance with good mining practices, a plan and afford each
holder of the mining lease a reasonable opportunity to make representations to
the Licensing Authority in writing with regard to the plan.
5) The holder of each mining lease shall
perform and observe the conditions of,---
a) a plan which is satisfactory to the
Licensing Authority, or
b) a plan, with or without modifications as
a result of any representation made pursuant to sub-rule (4).
56. Records, etc. to kept, by the holder of
mining lease. - (1) the holder of a mining lease shall,---
a) keep at an address in Punjab a proper
record in such form as may be determined in writing by the Licensing Authority
in relation to,---
(i)
any mining operations referred to in rule 45 (1) (a),---
aa)
the nature, appraisal and results of all mining operations carried on
in, or in connection with, the mining area to which such mining lease relates;
bb) the nature and mass or volume of any
mineral or group of minerals won or mined in such mining area and treated or
stockpiled in such mining area or elsewhere;
cc) the nature, mass or volume and value of
any mineral or group of minerals so won or mined, sold or otherwise disposed of
and the full names and addresses of any person to whom such mineral or group of
minerals was disposed of;
dd) the nature and mass or volume of any
waste removed from such mining area and the manner in which it was disposed of;
ee) the persons employed by the holder for
purposes of such mining operation, including the names, addresses,
nationalities and ages of such persons;
ff) the expenditures incurred by the holder
in the course of such mining operation; and
gg) such other information as may be
determined by the Licensing Authority and specified by notice in writing,
addressed and delivered to such holder;
(ii) any exploration operation referred to
in rule 45 (1) (b):---
aa) the nature location and result of all
photo geological studies, imaging, geological mapping, agrochemical sampling,
geophysical surveying, drilling, pitting and trenching, sampling and bulk
sampling, and all other activities undertaken by such holder in the course of
such exploration operation;
bb) the results of all analytical,
metallurgical and mineralogical work incidentals to such exploration operation;
cc) the interpretation and assessment of the
studies, surveys and works referred to in (aa) and (bb);
dd) the nature and mass or volume of any
mineral or group of minerals found or incidentally won in the course of such
exploration operation;
ee) the persons employed by the holder for
purposes of such exploration operations, including the names, addresses,
nationalities and gees of such persons;
ff) the expenditures incurred by such holder
in the course of such exploration operations; and
gg) such other information as may be
determined by the Licensing Authority and specified by notice in writing given
to the holder;
(b) prepare or cause to be prepared and
maintained at all times plans and maps in respect of the mining area;
bb) prepare in respect of each quarter of
the mining lease, a statement of income and expenditure derived or incurred in
connection with the mining operations in the mining lease area and such other
financial statements as the Licensing Authority may require in such from as the
authority may determine;
c) submit within 15 days after the end of
each month and 30 days after the and of each quarter of the Licensing
Authority, returns in relation to such month or quarter containing,---
(i) summary of the particulars and
information contained in the records referred to in paragraph (a) and (bb) as
may be required by the Licensing and indicated in such form or required by the
Licensing Authority by notice in writing given to the holder; and
(ii) such other particulars as the Licensing
Authority may require in relation to the mining operations and exploration
operation carried on by the holder in such mining area;
d) submit, within 60 days after 31st December of each year, to the Licensing
Authority, in such form as may be determined in writing by the Licensing
Authority, returns or reports in duplicate containing in relation to such
year,---
(i) a summary of the particulars and
information contained in the records referred to in paragraph (a) (i) as may be
required by the Licensing Authority and indicated in such form or required by
the Licensing Authority by notice in writing given to the holder;
(ii) all information, including photographs,
tabulations, tapes and discs, in the records referred to in paragraph (a) (ii)
and the plans and maps referred to in paragraph (b);
(iii) the statement of income and
expenditure and financial statements referred to in paragraph (bb);
(iv) an estimate of the reaming mineral
reserves in such mining area properly illustrated by way of plans and maps
according to an appropriate scale;
(v) particulars of any proposed mining
operation and exploration operation during the succeeding year, together with a
forecast of delineated mineral reserves; and
(vi) such other reports, records and
information as the Licensing Authority may require in relation to the mining
operation and exploration operations carried on by the holder is such mining
area;
2) in the event of the cancellation or
surrender of a mining lease under rule 57 or the expiration of mining lease,
the person who was the holder of such a lease immediately before such
cancellation, or surrender or expiration shall, on a date not later than 180
days after the date of such cancellation or surrender or expiration, deliver to
the Licensing Authority,---
a) all records kept in terms of the
provisions of sub-rule(1) (a);
b) all maps and plans referred to in
sub-rule (1) (b);
c) all reports, photographs, tabulations,
tapes and discs prepared by or on behalf of such person in the course of such
exploration operations; and
d) such other books, documents, records and
reports as the Licensing Authority may require by notice in writing given to
such person, or copies of such records, maps, plans reports, photographs,
tabulations, tapes discs, books and documents.
3) Any person referred to in sub-rules (1)
or (2) who contravenes or fails to comply with the provisions of any such
sub-rule shall be guilty of an offence and be punishable with a penalty as
prescribed by the Government form time to time, in addition to the
rectification of the default within the time given by the Licensing Authority
failing which the mineral title may be with-drawn.
IV – CANCELLATION AND SURRENDER OF MINERAL
TITLES.
57. Cancellation of mineral title. - (1) Subject to this rule and to rule 65,
where the holder of a mineral title.
a) fails to use in good faith the land
subject to the title for the purpose for which the title was granted;
b) uses that land for any purpose other than
the purpose for which the title w granted;
c) fails to comply with any requirement of
these rules with which the holder is bound to comply;
d) fails to comply with a condition of the
title;
e) fails to comply with a direction lawfully
given under these rules or with a condition on which any certificate of
surrender is issued or on which any exemption or consent is given under these
rules; or
f) fails to pay any amount payable by him
under these rules within one moth after the amount becomes due, the Licensing
Authority may, on that ground, by notice in writing, cancel the title.
2) The Licensing Authority shall not, under
sub-rule (1), cancel a title on a ground referred to in that sub-rule
unless,---
a) it has, by notice in writing served on
the holder of the title, given not less than thirty days notice of its
intention to so cancel the title on that ground;
b) it has, in the notice, specified a date
before which holder of the title may, in writing, submit any matter which he
wishes the Licensing authority to consider; and
c) the Licensing Authority has taken in to
account,---
(i) any action taken by the holder of the
title to remove that ground or to prevent the recurrence of similar grounds;
and
(ii) any matter submitted to the Licensing
Authority by the holder of the title pursuant to paragraph (b).
3) The Licensing Authority shall not, under
sub-rule (1), cancel a title on the ground referred to in paragraph (f), if,
before the date specified in the notice referred to in sub-rule (2), the holder
of the title pays the amount of money concerned together with any penalty
arising pursuant to rule 68 (2).
4) The Licensing Authority may, by notice in
writing served on the holder of a mineral deposit retention licence, cancel the
licence if the holder fails to make application for a mining lease in
accordance with a notice given to him under rule 43 (1).
5) The Licensing Authority may, by notice in
writing cancel the title,---
a) if the holder (being an individual)
is,---
(i) adjudged bankrupt; or
(ii) enters into any agreement or scheme of
composition with creditor or takes advantage of any law for the benefit of
debtors;
b) if, in case of a holder that is a
company, an order is made or a resolution is passed for winding up the affairs
of the company, unless the winding up is for the purpose of amalgamation or
reconstruction and the Licensing Authority has been given notice thereof; or
c) if the mineral title was obtained by
fraud or misrepresentation.
6) Where an application has been made under
rule 61 for the transmission of a mineral title or of rights or interests to or
in a mineral title consequent on the death of an individual who is the holder
of the title, the Licensing Authority shall not cancel the title unless the
authority has refused to grant the application.
7) Where two or more persons are holding a
mineral title the Licensing Authority shall not under sub-rule (5), cancel the
title on the occurrence of an event entitling the Licensing Authority to so
cancel the mineral title, unless the authority is satisfied that any other
person or persons holding the mineral title are
unwilling, or would be unable, to carry out the duties and obligation of
the holder of the mineral title.
8) on the cancellation of a mineral title
the right of the holder of the title there under shall cease, and the
cancellation shall not affect any liability incurred before the cancellation
and any legal proceeding that might have commenced against the former holder of
the title may or continue against him.
58. Surrender of mineral titles. - (1) The
holder of a mineral title who wishes to surrender all or a part of the land
subject to the mineral title shall apply to the Licensing Authority for a
certificate of surrender, in respect of the land, not less than three months
before the date on which he wishes the surrender to have effect.
2) An application under sub-rule (1)
shall,---
a) state the date on which the applicant
wishes the surrender to have effect;
b) if part only of the land subject to the
title is to be surrendered, identify the land to be surrendered by a
description and the inclusion of a map identifying that part.
c) give particulars of reconnaissance, or
mining operation, as the case may be, carried on in respect of the land to be
surrendered, and
d) be supported by such records and reports
in relation to operations as the Licensing Authority may reasonably require.
3) Subject to sub-rule (4), on application
made under sub-rule(1) the Licensing Authority shall issue a certificate of
surrender, either unconditionally or subject to such conditions as are
specified in the certificate, in respect of the land to which the application
relates.
4) The Licensing Authority shall not issue a
certificate of surrender,---
a) to
an applicant who is in default;
b) to an applicant who fails to comply with
any reasonable requirement of the Licensing Authority for the purposes of
sub-rule (2) (d), or
c) if the authority is not satisfied that
the applicant will leave land to be surrendered and on which reconnaissance,
exploration or mining operation have been carried on in a condition which is
safe and which accords with good reconnaissance, exploration or mining
practices.
59. Effect of certificate of surrender. - (1)
where, pursuant to rule 59 (3), a certificate of surrender is issued, the
Licensing Authority shall,---
a) if part only of the land subject to title
is surrendered, cause the title to be amended accordingly; and
b) in any other case, cause the mining title
to be cancelled and, in either case, the Authority, shall give notice in
writing to the applicant for the certificate of surrender of the amendment, or
as the case may be, the cancellation, and of the issue of the certificate of
surrender.
2) Land in respect of which a certificate of
surrender is issued shall be treated as heaving been surrendered with effect
from the date on which notice of the surrender if given.
3) The surrender of any land shall not
affect any liability incurred before the date on which the surrender has effect
in respect of the land, and legal proceeding that might have commenced against
the holder or, may continue against him.
VII – Registration and transfer of Mineral
titles
60. Titles Register. - (1) The Licensing Authority shall cause a
record to be made in a Titles Register, kept for the purpose, of every mineral
title issued and dealings with, or affecting, a mineral title.
2) Where a mineral title is issued the
Licensing Authority shall cause the name of the person to whom the mineral
title is issued to be recoded in the Titles Register as the holder of the
mineral title.
61. Approval of transfer, etc. of mineral
title. - (1) Unless,---
(a) The Licensing Authority approves a
transfer of, or a cession or assignment of rights of interest to or in, a
mineral title, or the joining of a person as a jointing of a person as a joint
holder of a mineral title or of right or interests to or in a mineral title;
and
b) the transfer, cession or assignment is to
a person, or the person joined is a person, capable under these rules of
holding the mineral title, the purported transfer, cession, assignment or
joining shall have no effect.
2) Where an application is made to the
Licensing Authority for any approval such as is referred to in sub-rule (1) (a)
the Licensing Authority may, subject to sub-rule (3) and (4), give its
approval, subject to such conditions as it deems necessary in the circumstances
to impose but the Licensing Authority shall not unreasonably withhold its
consent.
3) The Licensing Authority shall not give it
approval to any of the dealings such as are referred to in sub-rule(1) with a
reconnaissance licence, or, subject to Sub-rule (4), to any dealing with an
exploration licence during the first two years of its term unless the authority
considers that there are special reasons for giving such approval.
4) An application under this rule shall give
in respect of the person to whom the licence is to be transferred, ceded or
assigned or who is to be joined the information required in rule 16 (1) (a) in
respect of an applicant and all other relevant information.
5) The Licensing Authority may require any
person making an application for any approvals such as is referred to in
sub-rule (1) to furnish to it such information as it may reasonably require to
enable it to dispose of the application and the applicant shall comply with the
requirement.
62. Inspection of Titles Register. - (1) on application made, a copy of any entry
in the Titles Register may be obtained on payment of the appropriate fee as
notified by the Government.
2) On application made, the Tiles Register
shall be open for inspection by the applicant and the applicant may copies of
any licence or entry in the Register.
63. Titles Register may be rectified. - Where the Licensing Authority is satisfied
that a mistake has been made in, or that some matter has been incorrectly
entered in, or omitted from, the Titles Register, it shall rectify the Register
by recording reasons thereof.
64. Offence in relation to registration in
Titles Register. - A person who willfully,---
a) makes, or causes to be made or concurs in
making, a false entry in the Titles Register; or
b) produces or tenders in evidence a
document falsely purporting to be a copy of an extract from an entry in the
Titles Register, shall guilty of an offence and be punishable with; a penalty
as prescribed by the Government form time to time, in addition to the
rectification of the default within the time given by the Licensing Authority
failing which the mineral title my be with-drawn.
VIII – FINANCIAL
65. Royalties payable on minerals. - (1)
Subject to these rules, the holder of,---
a) a mining lease who has won or mined any
mineral or group of minerals in the course of any exploration or mining
operations carried on by the holder; or
b) an exploration licence or a mineral
deposit retention licence, which has found or incidentally won any mineral or
group of minerals in the course of any exploration operations carried on by the
holder, shall be liable to pay to the Government, in respect of any such
mineral or group of minerals disposed of by the holder, royalty determined in
accordance with these rules.
2) For the purpose of these rules any
mineral or group of minerals shall be disposed of if it is,---
a) sold, donated or bartered;
b) appropriated to treatment or other
processing without having been dealt with as provided in paragraph (a) prior to
appropriation; or
c) exported from
66. Rate of royalties.- (1) Subject to these rules, royalty shall be
charged, in respect of any mineral referred to in sub-rule (1) (a) or (b) of
rule 65 which is disposed of, on the following basis,---
a) in the case of coal, and the construction
and industrial minerals group as specified in Schedule 3, at such rates as may
be notified by the Government form time to time;
b) in case of the precious stones group as
so specified, ten per cent;
c) in the case of the precious metals group
and semi-precious stones group as so specified, three per cent;
d) in the case of base metals group as so
specified, two per cent;
e) in the case of the rare metals as so
specified, ten per cent; and
f) in the case of any other mineral, one per
cent, on thee fair market value of the mineral or group of minerals as provided
in this rule.
2) For the purposes of sub-rule (1), the
fair market value of a mineral or group of minerals is,---
a) where the mineral or group of minerals is
disposed of in a sale at arm‘s length, the sale price;
b) where the mineral or group of minerals is
not so disposed of, the value established, in relation to the kind of disposal
concerned, by reference to criteria for the determination of that value, in the
mineral agreement or mineral title or under which or pursuant to which the
mineral or group of minerals or group of minerals was won or mined; or
c) Where the minerals or group of minerals
is not disposed of as provided in paragraph (a) and there are no such criteria
as provided in paragraph (b) the amount, determined by the Licensing Authority,
at the date of the disposal, which would in the opinion of the Licensing
Authority, be paid on international markets or, a the case may be, domestic
markets for such mineral or group of minerals in a sale at arm‘s length by a
willing seller to a willing buyer.
3) For the purposes of sub-rule (2), a sale
is a sale at arm‘s length if,
the following conditions are
satisfied with respect to the contract of sale, that is to say,---
a) the contract price is the sole
consideration for the sale;
b) the terms of the sale are not affected by
any commercial relationship other than that created by the contract of sale
between the seller or any other person associated with the seller and the buyer
or any person associated with the buyer; and
c) neither the seller nor any person
associated with the holder of the mineral title has, directly or indirectly,
any interest in the subsequent resale or disposal or the mineral or group of
minerals or any product derived there from.
4) For the purpose of this rule, the fair
market value, in respect of any mineral or group of minerals which has been
disposed of, shall be determined by reference to the first point at which it
was disposed of, without allowing for any deductions form the gross amount so
determined.
67. Enhanced royalty:-Where pursuant to rule
7 a mineral agreement makes provision for the payment of royalty, by the holder
of mineral title, at an enhanced rate or rate in respect of any mineral or
group of minerals won, mined or found as provided in rule 65, the enhanced rate
of royalty shall be determined and payable in accordance with the terms of the
agreement provided that the rate of royalty payable at any time shall not be
less than the rate notified pursuant to rule 66.
68. Payment of royalty.- (1) Royalty in respect of any mineral or
group of minerals won, mined or found as provided in rule 65 and disposed of
shall payable not later than 30 days after the end of the calendar month in
which the mineral or group of minerals is disposed of.
2) Where any person has failed to pay any
amount of royalty as required by sub-rule (1), mark up calculated at the rate
of one per centum per day on the amount or any part thereof from time to time
remaining unpaid, shall be payable from the due date of payment until all
outstanding amount is paid.
3) The holder of a mineral title shall
submit, in respect of each month and in such form and detail as the Licensing
Authority may determine, a return showing the amount of royalty to be paid in
respect of any mineral or group of mineral disposed of in the month.
69. Deferment of royalty.- (1) Subject to
sub-rule (2), the Government, on the advice of the Department and with the
concurrence of the Finance Department, on application made in writing by the
holder of a mining lease, may, by notice in writing to the holder defer payment
of such royalty of mark up for such period and on such conditions as may be
determined by the Government and specified in the notice, or may refuse to so
defer the royalty or mark-up payable.
2) The Government shall defer the royalty or
mark-up payable in accordance with sub-rule (1) only when the holder of the
mining lease has demonstrated to the satisfaction of the Department and the
Finance Department that in the absence of the deferral, the mining operations,
for economic reasons, otherwise permanently case or be suspended for an
indefinite period.
70. Powers of government in case of failure
to pay royalty. - If the holder of mineral title referred to in
rule 6 fails pay any royalty payable by him in accordance with rule 68 or, if
applicable, on or before such date to which the payment of the royalty has been
deferred under rule 69, the Government may, by notice in writing given to the
holder, prohibit,---
a) the removal of any mineral or group of
minerals from the exploration area, mining area, retention area, the land
subject to the mining lease or, in the case of the holder of prospecting
licence, from the place where the mineral or group of minerals is found, won or
mined b) any dealing in connection with
any mineral or group of minerals found, won or mined from any such area, land
or place, until such time as the royalty has been paid, or the payment has been
deferred under rule 69.
71. Contravention of rule 70.- Any person
who contravenes or fails to comply with a notice given to the person under rule
70 shall be guilty of an offence and be punishable with a penalty as prescribed
by the Government besides, rectification of default.
72.
Proof of amounts payable under these rules. - in
any proceedings to recover in a competent court any amount payable under these
rules, a certificate purporting to be a certificate under the hand of the
Government certifying that the amount of money specified in such certificate is
payable under these rules by any holder such as is referred to in rule 65 named
in such certificate shall be received in evidence as prima facie proof of the
facts stated in the certificate.
73. Rentals and renewals.- (1) Annual rent in respect of a mineral title
shall be paid in respect of the category of mineral title in accordance with
Schedule 2 and sub-rule(2).
(2) Payment of the annual rental pursuant to
sub-rule (1) in respect of a mineral title shall be made within thirty days
after the date of the issue of the mineral title and thereafter shall be made
on he same date of each year.
3) Where any person has failed to pay any
amount of annual rental mark-up calculated at the rate of one per centum per
day on the amount or any part thereof, from time to time remaining unpaid,
shall be payable from the due date of payment until all outstanding amount is
paid.
4) A renewal fee in respect of the mineral
title shall be paid in accordance with column 3 or schedule 1.
IX – MISCELLANEOUS PROVISIONS
74. Force majeure.- (1) Any failure on the part of the holder of
a mineral title to fulfill any of the conditions of the licence, or meet any
requirement of these rules, shall not be treated as a breach of the holder‘s
mineral title in so far as the failure arises from an act of war, hostility,
insurrection, or an act of God, or from any other cause specified in the
conditions of the mineral title as constituting force majeure.
2) Where the holder of a mineral title fails
to fulfill any of the conditions of the mineral title as a result of the
occurrence of any circumstance of a kind referred to in or specified in
sub-rule (1) the holder shall forthwith give notice to the Licensing Authority,
giving particulars of the failure and its cause.
3) The Licensing Authority may, on
application made to it by the holder of a mineral title referred to in sub rule
(2) who has been prevented from exercising
any righty under the mineral title for any period in the circumstances
contemplated in sub rue (1), extend by notice in writing, on such conditions as
may be determined by the Licensing Authority, the period for which the mineral
utile in question has been issued, by such reasonable period as may be
determined by the Authority.
4) The Licensing Authority may refuse any
application referred to in sub-rule (3) if the holder of the mineral title
could, by taking reasonable steps which were available to the holder, have
exercised the rights concerned during that period.
5) The provisions of this rule shall not be
construed as absolving any holder of a mineral title from complying with any
obligation under the mineral title of these rules to pay royalties, annual
charges, rent or fees.
75. Joint liability, - Where a mineral title
is held by more than one holder, the liability of any holder in respect of any
breach thereof, shall be joint and several, but without prejudice to any right
of contribution which a particular holder may have against any other holder in
respect of any liability incurred by the particular holder in respect of the
breach.
76. Competitive bids.- The Licensing
Authority may, when required by the Government to do so, invite competitive bids
for the issue of an exploration licence or a mining lease in respect of any
area of land which is not subject to:---
a) a reconnaissance licence which gives the
holder an exclusive right such as is referred to in rule 14 (3).
b) an exploration licence, a mining lease or
a mineral deposit retention licence or a prospecting licence or a mining lease
under small scale mining; or
c) an application for any such licence or
lease, and may, in accordance with these rules, issue the appropriate mineral
title to the successful bidder.
77. performance guarantees.- (1) A person shall, at the time of the grant
of a mineral title, other than a reconnaissance licence, lodge with the
Licensing Authority security for compliance with the holder‘s obligations under
these rules and the title.
2) A security under sub-rule (1) shall be by
way of bank guarantee, parent company guarantee or otherwise as approved by the
Licensing Authority.
78. Arbitration.-(1) Subject to sub-rule (2)
and (3), any dispute arising between the holder of a mineral title and
Licensing Authority or the Government out of or in connection with a mineral
title shall, if it cannot be settled amicable within a reasonable period, be
submitted to the Mineral Investment Facilitation Board or such other body or tribunal as the parties
may agree, for arbitration or settlement.
2) Sub-rule (1) shall not apply where the
holder of a mineral title is a citizen of
3) Sub-rule (1) shall not apply in relation
to a dispute connecting any matter,---
a) where any such dispute is, under the
mineral title or a relevant mineral agreement, to be resolved by a sole expert;
or
b) if the dispute concerns the alleged
commission by the holder of the mineral title of a criminal offence.
79. Rights over data, - (1) The Government
shall have the exclusive right to all data including geological,
geophysical, geochemical, petrochemical,
engineering, pit logs, maps, magnetic tapes, cores and production data, as well
as all interpretative and derivative data including reports, studies, analyses,
interpretations, bulk sampling results, assaying results, evaluations and other
information in respect of exploration or mining operation, subject to sub-rule
(2).
2) The holder of a mineral title shall have
the right to make use of the data referred to in sub-rule (1) free of cost, for
the purpose of exploration or mining operations and to retain copies or samples
of material or information constituting the data subject to sub-rule (3).
3) Data permitted to be used or retained as
provided in sub-rule (2), which is not in the public domain, shall not be
disclosed to any person without the prior consent of the Licensing Authority,
except as may be necessary for the purpose of, or ion connection with,
exploration and mining operations, or as required by law, or for the purpose of
arbitration or litigation.
80. Compliance with other laws.- Nothing in
these rules shall be constructed as authorizing the holder of a mineral title
or a prospecting licence to do any thing,---
a) which the holder is prohibited from doing
under any law for the time being in force; or
b) otherwise
than in accordance with any such law regulating the doing of that thing,
and for that purpose obtaining any prospective licence, mineral title,
approval, permission or other document required under any such law.
81. Retention of fees:- where any
application under these rules is refused, the application fee, which was paid
at the time of the application, shall be retained to defer administrative
costs.
82. Notice of application made and titles
issued, etc.- (1) The Licensing
Authority shall give notice of any application for a mineral title received by
it by posting a notice, not later than seven days after the date on which the
application was received in which,---
(a) it is made known for general information
that the application has been made; and
(b) is issued,---
(i) the name of applicant;
(ii) the nature of the title and the area of
land and the mineral or group of minerals to which the applicant relates;
(iii) the date on which the application was
received; and
(iv) such other particulars as the Licensing
Authority may determine, and shall keep the notice so posted until such date as
the application has been finally disposed of.
2) where a mineral title is issued, the
Licensing Authority shall cause notice to that fact to be published in the
Official Gazette stating in notice,---
a) the name of the holder of the title;
b)
the nature of the title and the area of land and the mineral or group of
mineral to which the title relates; and
c) such other particulars as the Licensing
Authority may determine.
3) Where a mineral title is renewed,
transferred, surrendered or cancelled, or any land subject to title or
prospecting licence is surrendered, the Licensing Authority shall cause notice
of that fact to be published in the official Gazette stating in the notice such
particulars as the Licensing Authority deems necessary to identify the title
and, where applicable, the land surrendered.
83. Order in which application to be
considered.- (1), applications so received on the same date shall be deemed to
have been received simultaneously and priority shall be determined by the
Licensing Authority by drawing lots in presence of the parties.
84. Removal and sale of property, etc, - (1),
Where a mineral title has been cancelled or surrendered, or has expired, or if
any area of land has ceased for any reason to be part of the area of land
subject to the title, the Licensing Authority may, by notice in writing given
to the person who is or was holder of the tile, direct him to do all or any of
the following, namely,---
a) to demolish any building, structure or
other things erected or constructed by the person in that area and to remove
all debris and any other object brought into that area, except in so far as any
owner of land in that area retains any such buildings, structures or other things
on such conditions as may be mutually agreed upon between such occupier and
person;
b) to take all steps as may be necessary to
remedy to the satisfaction of the Licensing Authority any damage caused by any
exploration or mining operations carried on by such person to the surface of,
and the environment in, that area of land; or
c) to take such other steps as may be
specified in the notice as the Licensing Authority deems necessary or expedient
to give effect to any direction such as is referred to in paragraph (a).
2) Where a direction under sub-rule (1) has
not been complied with, the Licensing Authority may,---
a) do or cause to be done all or any of the
things required by the direction to be done;
b) remove or cause to be removed, in such
manner as it thinks fit, all or any of the property from the area that was, but
is no longer, subject to the title;
c) dispose of in such manner as it think
fir, all or any of the property referred to in paragraph (b); and
d) if it has served a copy of the notice by which the direction
was given on a person whom the Licensing Authority believed to be an owner of
the property or part of the property, sell or cause to be sold by public
auction, or otherwise as the authority thinks fir, all or any of the property referred
to in paragraph (b) that belongs, or that it believes to belong to that person.
3) The Government may deduct form the
proceeds of a sale of property under sub-rule (2) that belongs, or that the
Licensing Authority believes to belong, to a particular person,---
a) all or any part of any costs and expenses
incurred by the Licensing Authority under that sub-rule in relation to that
property;
b) all or any part of costs and expenses
incurred by the Licensing Authority under that sub-rule in relation to the
doing of anything required a direction under sub-rule (1) to be done by the
person;
c) all or any part of any fees or amounts
due and payable under these rules by the person.
4) The costs and expense incurred by the
Licensing Authority under this rule.
a) if incurred in relation to the removal,
disposal or sale of property, are a dept due by the owner of the property to
the Government; and
b) if incurred in relation to the doing of
anything required by a direction under sub-rule (1) to be done by a person who
is or was a holder of a mineral title are debts due by that person to the
Government, and to the extent to which they are not recovered under sub-rule
(3) are recoverable in a court of competent jurisdiction as a debt due to the
Government.
5) Any person referred to in sub-rule (1)
who contravenes or fails to comply with a direction given to him under that
sub-rule is guilty
of an offence
shall be punishable
with a penalty‘s prescribed by the Government from
time to time, in addition to the rectification of the default within the time
given by the Licensing Authority failing which the mineral title may be
with-drawn.
85. Weighing of minerals.- The holder of an
exploration licence, a mineral deposit retention licence, a mining lease shall
provide in the exploration area, retention area, a properly constructed and
correct weighing machine or other suitable means for determining the weight of
any mineral or group of minerals won or mined in the exercise of the rights
such as are referred to in rules 21, 32 or 45.
86. Power of Licensing Authority to obtain
information: - (1) Where the Licensing Authority has reason to believe that a
person is capable of furnishing information or data relating to reconnaissance,
exploration or mining operations, or to minerals won, mined, found or sold or
otherwise disposed of, or the value thereof, it may, by notice in writing
served on that person, require that person,---
a) to furnish the Licensing Authority in
writing with that information or data, giving particulars, within the period
and in the manner specified in the notice;
b) to attend before a person identified in
the notice at such time and place as is specified and there to answer questions
relating to those operations, to minerals won, mined, sold or otherwise
disposed of or to that information or data; or
c) to furnish a person identified in the
notice, at such time and place as is specified, with such data as may be in his
custody or power relating to those operation, or to minerals won, mined or sold
or otherwise disposed of, or the value thereof.
2) A person shall not be excused from
furnishing information or data, or answering a question when required to do so
under this rule, on the ground that the information or data so furnished, or
the answer to the question, might lend to incriminate him or make him liable to
a penalty, but the information or data so furnished or his answer to the
question shall not be admissible in evidence against him in any proceedings
other than proceeding for an offence against this rule.
3) Where data are furnished, pursuant to a
requirement under sub-rule (1) (e), the person to whom the data are furnished
may make copies of or take extracts from the data.
4) any person who,---
a) refuses or fails to comply with the
requirement in a notice under sub-rule (1) to the extent to which he is capable
of doing so;
b) in purported compliance with a
requirement referred to in sub rule (1) (a) knowingly or recklessly furnishes
information that is false or misleading in a material particular; or
c) when attending before any person under a
requirement referred to in sub-rule (1) (b) or furnishing any data to any
person under a requirement referred to in sub-rule (1) (c), Knowing or
recklessly makes statements that is, or
furnishes any data that are, false or misleading in a material
particular, shall be guilty of an offence and be punishable with a penalty as
prescribed by the Government from time to time, in addition to rectification of
the default within the time given by the Licensing Authority failing which the
mineral title may be withdrawn.
5) in
this section, “data” includes books, documents, interpretations, tapes, diagrams, profiles and charts,
photographs, lines or negatives and includes data recorded or stored by means
of and tape recorder, computer or other device and any material subsequently
derived from data so recorded.
87. Liability for pollution.- (1) Where in
the course of reconnaissance, exploration or mining operations carried on under
a mineral title, any mineral is spilled on land or in any water on or under the
surface of any land, or any land or any such water is otherwise polluted or
damaged, or any plant or animal life, whether in water or on, in or under land,
is endangered or destroyed, or any damage or loss is caused to any person,
including the Government, by such spilling, pollution or damage, thee holder of
the mineral title or prospecting licence shall forthwith,---
a) report such spilling, pollution, loss or
damage to the Licensing Authority; and
b) take at his own cost all such steps as
may be necessary in accordance with good reconnaissance, exploration or mining
practices or otherwise as may be necessary to remedy the spilling, pollution,
loss or damage.
2) if the holder of mineral title or
prospecting licence referred to in sub-rule (1) fails to comply with the
provisions of paragraph (b) of that sub-rule within such period as the
Licensing Authority may deem in the circumstances to be reasonable the
Licensing Authority may order the holder, by notice in writing given to him, to
take, within such period a may be specified in such notice, such steps as may
be specified in order to remedy the spilling, pollution, damage or loss, and
the Licensing Authority may, if the holder fails to comply with the order to
the satisfaction of the Licensing Authority within the period specified in the
notice or such further period as the Licensing Authority may, on good cause
shown, allow in writing, cause such steps to be taken as may be necessary to
remedy the spilling, pollution damage or loss and recover in a competent court
the costs incurred thereby from such holder.
88. Service of documents.- (1) Any document, notice or other
communication required or authorised under these rules to be given to or served
on any person by the Licensing Authority or any other person shall be deemed to
have been given or served,---
a) if given to or served on such person,
personally;
b) if dispatched by registered or any other
kind of post addressed to such person, at his last known address which may be
any such place or office as is referred to in paragraph (c) or the person‘s
last know post office box number or private bag number or that of the person’s
employer;
c) if left with some adult person apparently
residing at or occupying or employed at the person‘s last known abode or office
or place of business;
d) in the case of a company,---
(i) if delivered to the public officer of
the company;
(ii) if left with some adult person
apparently residing at or occupying or employed at its registered address;
(iii) if dispatched by registered post
addressed to the company or its public officer at it‘s or the officer‘s last
known address; or
(iv) if transmitted by means of a facsimile
transmission to the person concerned at the registered office of the company.
2) Any document, notice or other
communication referred to in sub-rule(1) which has been given or served in the
manner contemplated in paragraph (b) or (d) (iii) of that sub-rule, shall,
unless the contrary is proved, be deemed to have been received by the person to
whom it was addressed at the time when it would, in the ordinary course of
post, have arrived at the place to which it was addressed.
89. Powers of authorised officer.- (1) for
the purposes of these rules, the
Licensing Authority, through an authorised officer, at all reasonable
times,---
a) may enter any area, structure, vehicle,
vessel, aircraft or building that, in his opinion, has been, is being or is to
be used in connection with reconnaissance, prospecting or mining operations;
b) may inspect and test any machinery or
equipment that, in his opinion, has been is being or is to be used in
connection with any of the operation referred to in paragraph (a);
c) may take or remove for the purpose of
analysis or testing, or for use in evidence in connection with an offence
against these rules, samples of minerals or other substances from a mine or any
area where any of the operations referred to in paragraph (a) are being carried
on;
d) may inspect, take extracts from, and make
copies of any data as defined in rule 86
(d), relating to any of the operations referred to in paragraph (a);
e) may, with respect to the health and
safety of persons employed by a holder of a mineral title or prospecting
licence in connection with any of the operations referred to in paragraph (a),
issue in writing directions to, and impose restrictions on, the holder or any
person so employed;
f) may in writing order,---
(i) the cessation of operations on or ink,
and the withdrawal of all persons from, any structure or building that is being
used in connection with any of the operations referred to in paragraph (a); or
(ii) The discontinuance of the use of any
machinery or equipment, which he considers unsafe, unless and until such action
as is necessary for safety and specified in the order is taken and completed;
or
g) may make such examinations and inquiries
as are necessary to ensure that the provisions of these rules, and any
directions issued, conditions imposed or orders made under these rules, are
being complied with.
2) Before exercising any of his powers under
sub-rule (1), if there is any person who is or appears to be in charge of the
area, structure, vehicle, vessel, aircraft, building, machinery, equipment or
matter or any other thing in respect of which the power is about to be
exercised, an authorised officer shall show identification to that person and
to any person to whom he is about to give an order or a direction.
3) Any person who is aggrieved by a
decision, direction or order of an authorised officer made under this rule may
appeal in writing to the Government which shall, as soon as practicable hear
and dispose of the appeal.
4) On an appeal under sub-rule (3), the
Government may rescind or affirm the decision, direction or order appealed from
or may make a new decision, direction or order in substitution therefore, and
that decision, direction or order shall be final.
5) In exercising his powers under sub-rule
(1) aa authorised officer may be accompanied by any person whom the authorised
officer believes has special knowledge of any matter being inspected, tested or
examined.
6) A person who is an occupier or person in
charge of any building, structure or place, or the person in charge of any
vehicle, vessel, aircraft, machinery or equipment referred to in sub-rule (1),
shall provide an authorised officer with all reasonable facilities and
assistance including the provision of necessary means of transport, for the
effective exercise of the authorised officer’s powers under this rule.
7)
Any person who,---
a) without reasonable excuse obstructs,
molests or hinders an authorised officer in carrying out his function under
this rule; or
b) knowingly or recklessly makes a statement
or produce document that is false or misleading in a material particular to an
authorised officer carrying out his functions under this rule, shall be guilty
of an offence and punishable with a penalty as prescribed by the Government
from time to time, in addition to the rectification of the default within the time
given by the Licensing Authority filling which the mineral title may be
withdrawn.
90. Further powers of authorised officers,-
(1) if a person who was the holder of a mineral title, such as is referred to
in sub-rule (2) of rules 20,31,44 or 56, fails to comply with the requirement
of that sub-rule, an authorised officer may,---
a) at all reasonable times, enter upon any
premises whatsoever and search for the records, maps and plans reports,
photographs, tabulations, tapes, discs, books and documents referred to in
paragraphs (a) to (d) of that sub-rule; and
b) seize any such records, maps and plans,
reports, photographs, tabulations, tapes, discs, books and documents.
2) The provisions of rule 89 (5), (6) and
(7) shall apply mutatis mutandis in relation to an authorised officer and the
carrying out of his function under this rule as they so apply under rule 89.
91. Offences.- (1) Any person who carries on
reconnaissance, exploration or mining operation in Punjab except under and in
accordance with a mineral title or prospecting licence shall be guilty of an
offence and punishable with a penalty as prescribed by the Government from time
to time, in addition to the rectification of the default within the time given
by the Licensing Authority failing which the mineral title may be with-drawn.
2)
Any person who,---
a)
makes or cause to be made in connection with any application under these
rules any statement knowing it to be false or misleading;
b)
submits or causes to be submitted in connection with any such
application or any notice, report, return or statement issued or given under
any provision of these rules or the conditions of any title, or prospecting
licence any document, information or particulars which are false or misleading
knowing them to be false or misleading;
c) fraudulently and with the intent to
deceive mingles or causes to be mingled with any sample of or any substance
which may increase the value or nature of the ore, shall be guilty of an
offence and punishable with a penalty as prescribed by the Government from time
to time, and shall rectify the default within the time given by Licensing
Authority failing which the mineral title may be with-drawn.
92. Evidence.-(1) The production in any
criminal or civil proceedings in any court of law of any certificate purporting
to have been signed by an authorised officer certifying whether or not on a
date specified in the certificate that,---
a) mineral title or prospecting licence was
issued, renewed or transferred to a person so specified;
b) any interest in such title or licence has
been granted, ceded or assigned to a person so specified;
c) any person has been joined as a joint
holder of a title or licence so specified;
d) any condition so specified is or was a
condition of title or licence; or
e) a person mentioned in the certificate is
or was the holder of a title;
f) title or licence has been issued in
respect of an area of land so specified shall,---
g) unless the contrary is proved, be
received in evidence as conclusive proof of the fact so certified.
2. The production in any civil or criminal
proceedings in any court of an extract of an entry in the Titles Register kept
pursuant to rule 60, certified by an authorised officer to be a true and
correct extract of such an entry shall, unless the contrary is proved, be
received in evidence as conclusive proof of the entry.
93. Forfeiture order.- Where a person is
convicted of an offence under these rules, the court before which he is
convicted may, in addition to any penalty imposed or other forfeiture ordered,
order that any mineral or group of minerals won or mined in the course of the
commission of the offence, be forfeited to the government or, in the event of
any such mineral or group of minerals having been sold or otherwise disposed
of, that an amount equal to the proceeds of the sale or the market value of he
mineral or group of minerals, as determined by the court, be paid by such
person for the benefit of the Government.
94. Appeal.- (1) if a person is aggrieved by
an order of the Licensing Authority passed under these rules, he may, within
thirty days of the communication of the impugned order and payment of such fee
as may from time to time be prescribed by the Government, prefer an appeal to
the Government in the Departure.
2) The decision of the Government on such
appeal shall be final.
3) The Government while hearing the appeal
under sub-rule (1) may, if it so considers necessary in the interest of
justice, grant a stay order,---
Provided that no such order shall be passed
in respect of Government dues unless the appellant deposit 25% of the disputed
amount with the Licensing Authority.
4) If the appeal in which a stay order has
been granted is finally rejected and the Appellate Authority is of the view
that the appeal was preferred on frivolous grounds or the stay order was
obtained by deceit or fraud on the part of the appellant, it may while deciding
the appeal, impose a penalty up to 5% of the disputed amount.
5) The amount deposited under sub-rule (3)
shall first be adjusted towards the penalty imposed under sub-rule (4). The
remaining amount, if any, may be adjusted towards the satisfaction of the
Government dues, and the balance, if any, may be refunded to the appellant. No.
V(IM&M)6-1/96 In exercise of the
powers conferred upon him under the provisions of the Punjab Mining Concession
Rules, 2002 and in suppression of this Department‘s Notification
No.V(IM&MD)6-1/86 dated 28.03.2002, the Governor of the Punjab is pleased
to prescribe the following rates of fee/rent under the rule indicated against
each.
PART-3
SMALL SCALE MINING
1.GENERAL
95. Manner in which application may be
made.-(1) An application for a licence or a lease shall be in the form set out
by the licensing Authority.
(2) The application shall be handed over
along with the requisite documents to the officer authorized in this behalf, by
the Licensing authority.
(3) The application if complete in all
respects shall forthwith be allotted a registration number.
(4) The incomplete application shall be
returned along with the objection duly signed by the authorized officer.
96. Documents to be annexed.-(1) An
application for a licence or a lease under rule 95 shall be accompanied by:---
(a) the original copy of the Treasury
Challan pertaining to the deposit of such application fee as is notified by the
Government from time to time;
(b) in the case of a partnership firm, an
authenticated copy of the partnership deed duly register with the Registrar of
Firms concerned;
(c) in the case of a company, a verified
copy each of the Memorandum and Articles of Association and Certificate of
Incorporation;
(d) Fifteen copies of the map duly signed by
the applicant, showing the boundaries of the area in respect of which the
licence or lease is applied for. The map shall be prepared from the Survey of
Pakistan Maps of Scale 1:50,000 or nearest scale available. It will be
sufficient compliance of this sub-rule if only one copy of the map or sketch
plan showing area and grid lines is attached with the application and such fee
for preparing 15 copies of the plan, as is notified by the Government from time
to time, is paid in advance; and
(e) Evidence of financial status of other
information as may be prescribed by the Licensing Authority from time to time.
(2) An applicant shall also furnish of the
manner as may be required by the Licensing Authority. If the requisite
information is not furnished within two months, the application shall be liable
to be rejected.
(3) the information contained in the
application or furnished to the Licensing Authority in pursuance of an
application made in accordance with these rules, other than that incorporated
in the register referred to in rule 100 shall be treated as confidential by the
Licensing Authority.
97. Acknowledgement of application.- The
officer receiving the application under these rules shall record thereon the
date and time of its receipt and shall deliver to the applicant an
acknowledgement starting the date and time of its receipt.
98. Reciprocity.- A licence or a lease shall
not be granted to, or held by, any person who is or becomes controlled directly or indirectly by a national of or by
a company incorporated in any country the laws and customs of which do not
permit subjects of Pakistan or companies incorporated in Pakistan to acquire,
hold and operate mining concessions on condition which, in the opinion of the
Government are reasonably comparable
with the conditions upon which such rights are granted to nationals or that country
in Pakistan.
99. Application by an alien or a company
incorporated outside Pakistan.- In the
case of an application for a licence or lease by an alien or a company
incorporated outside Pakistan or in the case of an application by a licensee or
a lessee for the government‘s consent
to the assignment of a licence or
a lease to an alien or a company incorporated outside Pakistan, such licence or
lease shall only be granted or assigned to a company incorporated in Pakistan
for the purpose of receiving and working any such licence or lease.
100. Register of applications. (1) The Licensing Authority shall maintain a
register of applications for licenses and leases containing the following
columns:---
(a) Serial No.
(b) Date and time of the receipt of
application.
(c) Particulars of the applicant.
(d) Mineral for which a licence or a lease
is required.
(e) Period for which a licence or a lease is
required.
(f) Full particulars of the area applied
for.
(g) Application fee paid.
(h) Final orders regarding disposal of the
application.
(i) Remarks, if any.
(2) The register maintained under sub-rule
(1) and the Master plan showing the
area in respect of which a lease or a licence has been applied for a
granted shall be open to public for inspection on payment of such fee as is
notified by the Government from time to time.
Explanation.- Master plan would mean such
survey of
101. Separate application to be made for
each area and each mineral.- A separate application shall be made in respect
of each area and for each mineral.
102. Grant of more than one licence or lease
to the same person. - More than one licence or lease may be granted to the same
person.
103. Availability of area. - On receipt of
the application, the Authority shall, before granting the concession, ascertain
that the applied for does not overlap with an area already covered by a licence
or a lease or an application for such a licence or a lease,---
Provided that the licensing Authority may
fix the maximum limits of area for grant of concession for different minerals
to an individual, firm or a limi9ted company.
104. Priority.- in case there are more application than one for the grant of licence
or a lease in respect of the same mineral or area, unless the licensing
Authority in its discretion decides otherwise, by recording reasons therefore,
the principle of first come first served shall apply.
105. Refusal to grant licence or lease.- If, in the opinion of the Licensing Authority
it is not expending to grant licence or a lease, it shall the acceptance of the
application.
106. Lapse of right to licence or lease.-If
a Licensee or a lessee fails to submit the accepted copy of the plan of the
granted area, demarcation certificate and prospecting/development scheme in the
manner as prescribed under the rules, within the time period fixed in the
allotment letter, the Licensing Authority, after providing an opportunity to
explain the delay, may terminate the concession,---
Provided that the Licensing Authority may
condone the delay in submission of the said issuance of after imposing penalty
under rule 177.
107. Terms and conditions of licence and
lease.- A licence and a lease shall
stand granted on the issuance of Allotment Letter by the Licensing Authority
and may include such closes relating to
ancillary matters as the Licensing Authority may deem fit to insert.
108. Assignment.- A licensee or a lessee
shall not transfer and right or interest in the licence or the lease, not part
with the passion of the area any part thereof, without prior approval in
writing of the licensing Authority:---
Provided that a licensee or a lessee shall
not transfer my right of interest area between the partner and the partners, as
the case may be, without the prior approval of Licensing Authority.
109. Method of making application for
assignment.- (1) An application for
assignment under these rules, shall be submitted at least three months before
the expiry of the lease in the form set out by the Licensing Authority and
shall be accompanied by such fee as is
notified by the Government from time to time.
(2) The applicant shall furnished in the
application all such particulars in respect of the proposed assignee as are
required in case of an application for a licence or a lease under these rules
and shall annex the requisite documents.
(3) The application shall be presented in
person and signed both by the assignee in the presence of the Licensing
Authority or the officer authorized in this behalf.
110. Security deposit.-(1) Every applicant
shall, before a licence or a lease is granted or assigned to him deposit a
security in respect of such licence or lease at the rate and in the form
notified by the government from time to time; provided that no security shall
be payable where the licence or lease has been assigned to a financing
institution.
(2) Subject to the provision of these rules,
if a licence is cooperated in to a lease the security deposited under sub-rule
(1) shall towards security for the lease.
111. Right of surrender.- A licensee or a lessee desirous of
surrendering the area under licence or lease, in whole or in part, shall give
at least one month‘s prior notice in writing
to the licensing Authority:---
Provided that where the licence or the lease
has been assigned to or charged in favor of a lease in whole or in part, except
with the prior consent in writing of the financing institution concerned:---
Provided further that in the case of partial
surrender, the area to be retained shall not be less than the economic limit
fixed by the Licensing Authority and the shape of the area shall be subject to
provision of rule 114:---
Provided further that on the partial
surrender of the area, the licensee or the lessee as the case may be, shall
become entitled to proportionate reduction in annual fee or the dead rent that
has already become due from or paid by the licensee, the lessee or the assignee
and a brief description of the area concerned.
112. Publication.- As soon as may be after
the grant renewal assignment surrender determination or laps of any licence or
lease under these rules the Licensing Authority shall publish noticed of such
grant assignment surrender determination or lapse in the official Gazette
stating the name of the licensee the lessee or the assignee and a brief
description of the area concerned.
113. Refund of security deposit.- If the Licensing Authority is satisfied that
the provisions of these rules have been duly complied with on the expiry,
surrender, lapse or determination of a licence or a lease the amount of the
security deposit may be refunded to the licensee or the lessee, as the case may
be after making deduction towards rents, royalties penalties, or any other
amount outstanding against him under the rules.
114. Shape of area.-Each area in respect of
which a licence or a lease is granted shall, as far as practicable, be in a
compact shape and shall either be limited by well-marked permanent physical
boundaries to be bounded by straight lines:---
Provided that where a gap of 100 meters or
less exists between the licensed or leased area it shall not be granted to an
applicant other than the licensee or the lessee of the adjoining area:---
Provided further that on a request made in
writing by the licensee or lessee, the LA may order the merger of his
contagious areas under a license or lease subject to provision of these rules.
115. Release of lands included by
inadvertence.- In the event inclusion, by inadvertence, of the area under a
licence or a lease in respect of which it may subsequently transpire that the
rights for the same minerals have already been granted to another individual,
firm or company or part of the area has been included through typographical or
clerical mistake, the licensee or the lessee shall immediately release to the Licensing Authority any such
or area when required to do so by the Licensing Authority without any claim of
compensation.
116. Grant of same area to different
parties.—The Licensing Authority may grant the same area to different persons
for different minerals.
117. Mode of payments.-(1) All amounts
payable under these rules, unless otherwise prescribed by Licensing Authority,
shall be deposited in to a Government Treasury or in to any bank authority by
the Government for the purpose, under the Head of Account specified by the
Licensing Authority, from time to time.
2. The receipt or the challan shall in
original be submitted to the Licensing Authority.
ll- Prospecting licenses 118. Licensee’s right under a
licence. - A licence shall subject to these rules and conditions contained in
the licence, confer on the licensee the rights give in the Allotment letter.
119. Grant of prospecting licence.- The licensing Authority may in accordance
with these rules grant a prospecting licence for a mineral over the area
specified therein provided the applicant is considered fit.
120. Area.- Expect as otherwise determined
by the Government a licence shall not be granted in aspect of any area of more
than 25 square kilometers.
121. Register of licence.- The licensing
Authority shall maintain a register of licence granted by it, specifying:---
(1) Number of the prospecting licence;
(2) Mineral for which the licence is
granted;
(3) Name and address of the licensee;
(4) Particulars of the licensee whether
individual, firm or company;
(5) Date of grant of the licence;
(6) Total area;
(7) Situation and boundaries of the area;
(8) Amount of Security deposit;
(9) Particulars of disposal or refund of
security deposit;
(10) Dates of renewals;
(11) Date of assignment of the licence;
(12) Particulars of the assignee;
(13) Date of application for mining lease;
(14) Date of conversion of licence in to
lease; and
(15) Remarks, if any.
122. Period of licence.- The licence shall
in the first instance, be valid for of two years.
123. Renewal.- Subject to the licensee having carried out
the working obligation under rule 125, the Licensing Authority may grant
renewal of the licence for a period of
twelve months at any one time to enable the licensee to complete the
prospecting work to the satisfaction of the Licensing Authority:---
Provided
that the total period of the licence including the initial period shall
not exceed 5 years:---
Provided further that the period of 5 years
shall be in addition to the grace provided in rule 124.
Provided further that the licensee shall
apply in writing to the Licensing
Authority for renewal at least one month before the licence expires. The Licensing Authority may, however, condone
the delay in the submission of the application.
Explanation.- The period of a licence shall
be reckoned from the initial date of grant of the licence irrespective of any
assignment made during the currency of the licence.
124. Right of a licensee for renewal of his
prospecting licence, on applying for mining lease.-The licenses having applied
for the grant of a lease over the area specified in the licence before the
expiry of the licence shall have the right to renewal of the licence until the
lease applied for has been granted or refused.
125. Working obligations.- (1) The licensee
shall in respect of the areas covered by each licence, prepare and submit,
within three months of the licence, a scheme of prospecting for the approval of
the Licensing Authority and shall not commence the operation unless the scheme
has been approved.
(2) The Scheme shall inter alia include (i)
location of the area (ii) nature of deposits; (iii) methods of prospecting
including machinery and equipment to be used; (4) phasing of prospecting
operation; (5) technical personnel to be employed; (6) details of roads,
residential accommodation for staff and laborers to be constructed; and (7)
phase-wise estimated expending on the scheme.
(3) The scheme shall be accompanied by necessary
geological maps, plans, etc.
(4) The Licensing Authority shall
communicate the approval of the scheme to the licensee within three months of
its receipt.
(5) If, in the opinion of the Licensing
Authority the licensee fails to fulfill the working obligation as required by
the scheme, the licensee shall forfeit the right to renewal of the licence or
the grant of lease over any part of the area covered by the licence.
126. Annual fee.-(1) the licensee shall pay
such annual fee as is notified by the Government from time to time for the land
licence. The fee shall be enhanced by 50
per cent over the last fee paid each time the licence is renewed. The fee shall also be payable for the period
of renewal granted under rule 124, as a single renewal or term, as the case may
be.
(2) The fee shall be payable for each
mineral separately even if the area under licence for different minerals is the
same.
127. To plug boreholes, etc. -- Save in the
case of land which the licensee has granted a lease on or before the
determination of the licence, he shall within one month after the determination
of the licence or the date of abandonment of the under-taking, whichever may
occur earlier, securely plug all mines and fill up or fence any holes or
excavation that he may in the made in the land to such extent as the Licensing Authority may require
and shall to the like extent restore the surface of the land and all building
thereon which he may have damaged in the
course of prospecting:---
Provided that the licensee shall be required
to restore the surface of the land or any building in respect of which
compensation has been paid under these rules.
128. Right of the licensee to a mining
lease.- Subject to the provisions of
these rules, the licensee shall have a right to lease:---
Provided he has carried on prospecting
operations to the satisfaction of the Licensing Authority, proved mineral
reserves and has been paying all Government dues regularly and has paid such
compensation, if any as is provided in these rules:---
Provided further that the licensee shall
apply in the prescribed from along with documents as laid down under rule 96,
by hand, for the grant of a lease one month before the expiry of the
License. The Licensing Authority may,
condone the delay up to a maximum period of three months in the submission of
such an application after imposing penalty under rule 177.
129. Disclosing the information acquired by
the licensee during the course of his operations.- If so required by the Licensing Authority the
licensee shall before the security is returned to him under rule 113, disclose
to the Licensing Authority all information acquired in the course of the
operations carried on under the licence regarding the minerals contained
therein and geological formation of any area not taken or granted under a
mining lease.
lll- MINING LEASES
130. Lessee’s right under a lease.—A lease
shall subject to these rules and the condition contained in the lease, confer
on the lessee the rights as envisaged these rules.
131. Grant of mining lease.—The Licensing
Authority may grant a mining lease in accordance with these lease rules, for a
minerals over the land specified therein provided the applicant considered fit.
132. Comprehensive mining lease.- Except where special exemption is granted by
the Government no lease shall be granted in respect of an area of more than
12.5 square Kilo meters.
133. Register of mining lease.- The Licensing Authority shall maintain a
register of lease grant by it, specifying,---
1) Number of the mining lease;
2) Mineral for which lease is granted;
3) Name and address of the lessee;
4) Particulars of lessee, whether
individual, firm or company;
5) Date of grant of lease;
6) Period for which granted;
7) Total area;
8) Situation and boundaries of the land;
9) Amount of security deposit;
10) Particulars of disposal or refund of
deposit;
11) Dates of renewals with periods;
12)
Date of assignment of the lease;
13) Particulars of the assignee; and
14) Remarks.
Provided that the Licensing Authority may renew
the lease for the whole area or only a part thereof.
134. Period of lease.-(1) the initial term
of a lease shall not exceed thirty years.
(2) If a lessee has carried out all the
working obligation under these and implemented the exploitation scheme to the
satisfaction of the licensing authority and if he has paid all the dues on
account of rents, royalty, penalties damages and surface rent as required under
these rules the Licensing Authority may grant further renewal of the lease for
a period not exceeding 30 years at a time, on such term and in such from as it
may determine:---
Provided that the lessee shall apply the
Licensing Authority in writing in the prescribed from for renewal not more than
two years and not less than one year
before the expiry of the term already granted to him:---
Provided further that the Licensing
Authority may condone the delay in submission of the application in appropriate
cases up to a period of six months after imposing penalty under rule 77:---
Provided further tat a lease having applied
for the grant of renewal of the lease under these rules shall have a right to
work in the area till the request has been accepted or refused:---
Provided further that the Licensing
Authority may renew the lease for the
whole area or only a part thereof. In
case of renewal over part of the area, the balance area shall be leased out
under rule 187.
135. Yearly dead rent.—The lessee shall pay
a fixed half yearly rent in advance on the first day of January and the July
each year and a proportionate advance dead rent for the broken period, if any
at the commencement or termination of the lease, at such rate as is noticed by
the Government from time to time:---
Provided that the lessee shall pay either
royalty or the rent, witch ever is higher.
136. Submission of development scheme.—(1)
An application for grant of a lease or its renewal shall also submit, along
with application, a development scheme for the approval of the Licensing
Authority. The scheme shall be prepared and authenticated by a qualified Mining
Engineer.
(2) The development scheme shall inter alia
include:---
II. A detailed plan of the area on a scale
as prescribed by the Licensing Authority from time to time showing is location
outcrop topography existing/ proposed mines and other infrastructures;
III. Location and description of the major
deposits;
IV. Proved and probable reserves;
V. Planned minimum rate of production;
VI. Method of mining, including machinery
and equipment to be used;
VII. Technical personnel to be employed at
various stages of development;
VIII.
Details of the roads and other surface as well as underground
construction such as stores and lamp rooms, workshops, beneficiation and
mineral dressing plants, office and residential accommodation and facilities
for staff and labor to be provided;
IX. Time schedule for all the work involed;
and
X. Estimated phased expenditure on the
scheme with detailed break up of cost.
(3) The applicant shall, where necessary
furnish plan or section to illustrate, justify and amplify the development
scheme.
137. Approval of development scheme.-(1) The
Licensing Authority may subject to such modifications as may be deemed
necessary approve the development scheme provisionally, within a period of
three months from the date of submission of the date development scheme. The
development scheme shall be implemented through a phase-wise programme of
development approved by the Licensing Authority.
(2). If the Development Scheme is rejected,
the Licensing Authority shall communicate to the applicant the reason for such
rejection. The applicant shall within
two months of the receipts of such communication, submit a revised scheme to
the Licensing Authority failing which the right of the applicant for the grant
of the lease shall lapse.
(3). On a request to be made in writing by
the lessee, the development scheme may be prepared by the Licensing Authority
itself or though a Mining Consultant and charge a fee as determined by the
Licensing Authority from the lessee for preparation of the scheme:---
Provided that the Licensing Authority may
register mining consultant for a period of five years on the payment of fee and
further renew in the manner prescribed by it.
On proof of misconduct of Mining consultant the Licensing Authority may
imposed penalty under rule 177 and on persistent violation may cancel the
registration of that Mining Consultant:---
Provided further that before such
cancellation, the Mining Consultant shall be given an opportunity to explain
his position and will be heard in person, if so desires.
138. Failure to act according to the
development scheme.- If at any time but
not less than six months after the grant
of the lease, or its renewal it is found that the lessee is not working in accordance with the
approved development scheme, the Licensing Authority may imposed penalty under
rule 177 and shall direct the lessee in writing
to remedy the violations within six months:---
Provided that if a lessee fails to remedy
the violations without cogent reasons within the time limit fixed by the
Licensing Authority, the lease may be cancelled:---
Provided further that before such
cancellation, the lessee shall be given an opportunity to approved development
scheme and latest working plans desires.
139. Keeping development scheme at mines.-
The lessee shall at all times keep a copy of the approval development scheme
and latest working plans at the site.
140. Commencement of operation.- (1) unless the Licensing Authority, for
sufficient reasons otherwise directs, the lessee shall commence operation from
the date of the communication of the approval of the development scheme to him.
(2). The lessee shall carry out operations
in a skilful and workmanlike manner and in accordance with the approved
development scheme.
Explanation.- It shall amount to non-fulfillment of
working obligations and a breach of this condition, if the lessee without
sufficient causes, fails to produce enough minerals so as to earn royalty at
least equal to the dead rent within one year of the commencement of the
operations.
IV-MISCELLANEOUS
141. Royalty.- (1) A
Licensee or a lessee shall on the first day of the month of January and July
each year pay royalty at such rate any manner as prescribed by the Government
from time to time on all minerals produced and carried away.
(2) In case of non payment of rent and
royalty dues within the grace period of two months, a penalty at the rate of
one percent of the outstanding dues for the delay of every month or part
thereof shall be charged from the date the payment became due.
142. Compensation. - A licensee or a lessee shall pay such
compensation as may be assessed by the authority concerned in accordance with
the law for the time being in force for all damage, injury or disturbance which
may be done by him in exercise of the powers granted by the licence or the
lease and shall indemnify the Licensing Authority against all claims which may
be third parties in respect of any such damages, injury or disturbance. In case of dispute the matter shall be
referred to the Licensing Authority for a final decision.
143.
Surface rent.- (1) A licensee pay for all Government land which he may
use or occupy superficially for the purposes of the operation conducted under
the licence or the lease a surface rent and water-rates at the rate assessable
under or any other law or rules in the district in which the land is
situated:---
Provided that if no such is assessable under
the existing law, the rent and the water rate may be fixed by the Licensing
Authority.
(2) If the land belongs to a private person,
a lessee or a licensee shall pay surface rent to the owner of the area for the
land actually used or occupied superficially at such rate and in such manner as
may be mutually agree upon between the lessee and the land owner and in case of
disagreement between them, at such rate and in such manner as may be determined
by the licensing Authority:---
Provided that proceeding under this rule,
the licensing Authority shall give the parties reasonable opportunity of being
heard.
144. Not to cut or injure any tree.- A
licensee or a lessee shall not cut or injure any tree on Government land or on
reserved forests without the prior permission in writing of the licensing
Authority or of such officer or officers as the Government may authorize in
this behalf.
145. Operation in the reserved any protected
forests.- (1) All operations conducted under these rules within a reserved or
protected forest shall be subject to such condition as the Government may from
time to time ,by a general or a special order, prescribe.
(2) It shall be a condition of every licence
or lease granted under these rules that before the commencement of prospecting
or mining operations within a reserved or protected forest, 30 days notice
shall be given to the forest officer concerned of the intention to commence
operations.
(3) The operation shall be conducted subject
to such precautions regarding prevention of fire and conservation of forest as
the licensee or the lessee may be required, from time to time.
146. Limits of boundaries.- The boundaries of the area covered by a
licence or a lease shall run vertically down- wards below the surface towards
the centre of the earth.
147. Demarcation of area.- (1) A
licensee or a lessee shall within sixty days of the issue of the licence or a
lease, cause the granted area to be demarcated on ground according to the
survey data and submit a certificate on the prescribed form signed by a
Registered Surveyor of having carried out the said boundary demarcation.
(2) On receipt of the certificate referred
in sub-rule (1), the licensing Authority may cause boundary demarcation to be
cheeked and corrected.
(3). A licensee or a lessee may get his area
demarcated officially, after paying such fee as may be notified by the
licensing Authority from time to time.
(4). A licensee or a lessee shall not
commence prospecting or mining operation unless he has submitted the
demarcation certificate to the Licensing Authority.
(5). A boundary dispute in respect of the
licensed or leased area shall be referred to Licensing Authority whose decision
shall be final.
(148). Boundary marks.- The licensee or the lessee shell at his own
expense, erect and at all times maintain boundary marks and pillars standing
not less than one metre above the surface of the ground and being not less than
one metre square or in diameter at the base at very angle or corner of boundary
lines to be fixed according to the demarcation under rule 147.
(149) Not to construct building upon any
public place etc. - A Licensee or a lessee shall not erect any building or
carry or any surface operation upon any public recreation grounds, grave yards
or place held sacred by any class of persons or any house, village site or
public road or any other place which the Government or the Licensing Authority
may specify in this behalf.
150. Not to work within 100 meters from
railway line etc. - A licensee or a
lessee shall not carry on or permit to be carried on any on or permit to be
carried on any prospecting or mining operation at or upto any point within a
distance of 100 meters from any railway line, reservoir canal power line gas
pipeline or other public works, or building or place of archeological
importance except with the previous permission of the Government and in
according with such condition as may be imposed.
151. Distance from boundaries.- No prospecting or mining operation shall
except with the prior consent in writing of the Licensing Authority, be carried
on by the license or the lessee in or under the licensed or leased area at or
any point within a distance of 50 metres from the boundaries of the area.
152. Weighing Machine.- A Licensee or a
lessee or a shall provide at or near the mine or quarry a properly constructed
and correct weighing machine or other suitable means for determining the weight
or quantity the minerals produced.
153. Keeping of record.- (1) A licensee or a lessee shall at all
times, keep in the from prescribed by the Licensing Authority, complete record at the mine premises showing
the quantity of the minerals obtained and dispatched from the mines on the
authenticated register issued by it or its authorized representative. The licensee shall also maintain the record
showing the number of mines and persons employed therein and complete plans of
the mines. The minerals excavated from
any licensed or leased area shall be dispatched from the area on the prescribed
dispatch slips duly Authenticated by the Licensing Authority or its authorized
representative:---
Provided that dispatch slips shall clearly
indicate the data licence /lease No., name of buyer, vehicle No., quantity of
mineral and its destination:---
Provided further that any vehicle/ carried carrying
mineral without prescribed dispatch slip duly authenticated by the Licensing
Authority or its authorized representative shall be considered as under
reported production and shall be dealt with accordingly.
(2) A licensee or a lessee shall allow the
officer so authorized by the Licensing Authority in that behalf to examine such
record and plans, to take extract, or if necessary, collect record for scrutiny
on giving a receipt.
(3) If
a licensee or a lessee fails to produce the record at the mine premises
at the time of premises he shall render himself liable to a penalty under rule
177 to be imposed by the Licensing Authority:---
Provided that the licensing Authority before
imposing penalty shall afford the licensee or the lessee an opportunity of
being heard.
154. Submission of production returns.- A licensee or a lessee shall send monthly
returns of production and dispatch of mineral to the Licensing Authority in the
prescribed from on or before the 15th day of each succeeding month. In case there is no production of mineral in any
month, a ‗NIL‘ report shall be submitted with reasons therefore.
155. Submission of periodical returns.- A
licensee or a lessee shall be required to abide by all instructions issued by
the Licensing Authority from time to time regarding the maintenance of record
of production and system of dispatch of mineral from the licensed or leased
area, and,---
(a) submit at the end of every year balance
sheet account audited by a qualified and
registered auditor and such other information and periodical returns as may
from time to time be prescribed by the
Licensing Authority;
(b) submit statistical data geological
reports including interpretation mineral
analysis photographs, ore logs tests and such information as may be
required by the Licensing Authority or a statistical organization in such form
as may be prescribed; and
(c) meet any target of production fixed by
the Licensing Authority based on the off-take of mineral.
156. Inspection.- A
licensee or a lessee shall provide the Licensing Authority, or an officer
authorized by the Licensing Authority in this behalf, all reasonable facilities
to enter upon the mine premises including underground workings for purposes of
inspection of mines and shall also make available all records at the mines and
else-where for carrying out survey, measurement, examination enquiry about any
matter, ancillary or incidental to the matters set out in these rules.
157. Strengthening and supporting mines.- A
licensee or a lessee or a lessee shall strengthen and support to satisfaction
of the Licensing Authority, whole or any part of the mine when in its opinion
such strengthening or support is needed for the conservation of the mine, in
its opinion such railway reservoir canal or any other public work or any
building.
158. Power to assess and claim compensation
for damage to mineral property.-(1) In
the event of any damage causes to the mineral property due to un-scientific or
a lessee, the Licensing Authority shall assess the extent o the damage and the
compensation payable therefore by the licensee the lessee:---
Provided that before so doing the Licensing
Authority shall afford the licensee or the lessee a fair opportunity of being
heard explain his position.
(2) The decision of the Licensing Authority
under this rule shall be final.
(3) The licensee or the lessee shall be
liable to pay the compensation so assessed in the same manner as arrears of
rents and royalties are payable.
159. Non-conservational mining
activities.- (1) If on inspection or
there wise, the Licensing Authority is of the opinion that a licensee or a
lessee is working in a manner contrary to the conservation of mineral property,
the Licensing Authority may require the licensee or the lessee in writing to
remove the defects or amend the method of mining or prospecting within a period
to be determination by the Authority subject to the condition that the period
shall not exceed two months in any case.
(2) If the licensee or the lessee fails to
comply with the specified period, the Licensing Authority shall have the work
of the extraction of mineral in whole or in any part of the area demised under
licence or lease till such time the defects are removed to the satisfaction of
the Licensing Authority.
(3) If the licensee or the lease fails to
comply with the in structure with the specified period, the Licensing Authority
shall have the work of the extraction of mineral in whole or in any part of the
area demised under licence or lease till such time the defects are removed to
the satisfaction or the lease may by cancelled.
(4) If prior approval of the Licensing
Authority is not obtained, a licensee of a lessee shall not depillar or abandon
mines unless depillaring is the part of the approval scheme.
160. Under reporting of mineral
production.- (1) If as a result of inspection of the mines or areas demised under the licence
or the lease has under reported mineral production the licensing Authority or discovered to the shall charge royalty up
to ten times the notified rate, on the quantity of mineral under reported by
the licensee or the lessee forfeit the security deposit and may also cancel the
licence or lease on the merits of the case:---
Provided that no action under this shall be
taken without giving the licensee or the lessee an opportunity of being heard.
(2) An entry in the record of the licensee
or lessee shall be made regarding under-reporting and shall be exhibited at the
time of the renewal of the licence or the lease.
161. Employment of technical
personnel.- A licensee or a lessee shall
employ such technical personnel as is required by Licensing Authority.
162. Training.- A licensee or a lessee shall when asked to do
so by the Licensing Authority arrange and provide facilities for training to
students of any mining.
Engineering Institution or to any other
person associated with the professional of Engineering Geology or other related
science.
163. Access to other licensee or lessee both
on surface and underground.- A licensee
or a lease shall allow existing and future licence or lease holders of any area
which is comprised in or adjoins or is reached by the land held by the licensee
or the lessee all responsible facilities of surface or underground access
thereto, on the terms and conditions as may be determined by the Licensing
Authority.
164. Discovery of other minerals.- A licensee or a lessee shall without delay,
report to the Licensing Authority the discovery on or within any of the lands
or mines demised under the licence or the lease of any mineral not specified in
the licence or the lease, but he shall not unless a fresh licence or lease of
in respect of the minerals so discovered is granted to him under these rules,
have any right to that mineral.
165. Pre-emption.- The government shall at
all times have the right of pre-emption of the minerals lying upon the land in
respect of which a licence or a lease has been granted, or elsewhere under the
control of the licensee or the lessee:---
Provided that a fair price as determined by
the Licensing Authority for all minerals taken in pre-emption shall be paid to
the licensee or the lessee.
166. Meeting the internal requirements of
(a) to meet the internal requirements of
(b) to associate Pakistan capital subject to
any law for the time being in force to the extent of 51% of all classes of
capital and debentures issued by him from time to time; and
(c) to employ nationals of
167. To ascertain and verify the value of
precious stones, etc: - The Licensing Authority may from time to time ascertain
and verify in such manner as it may deem fit, the value of all precious stones
and other minerals, ore and metals dressed or extracted by a Licensee or a
Lessee for the purpose of ascertaining the royalty payable under these rules.
168. Change in the constitution of the
licensee or lessee:- A licensee or a lessee may issue any fresh capital or make
any change in its constitution which shall be intimated in writing within 30
days to the Licensing Authority, which may finally confirm it:---
Provided that if more than 50% transfer of
capital/share is involved, the case shall be dealt in accordance with rule 108
of these rules.
169. Exclusion of lands for public
purposes.- If an area or a portion
thereof held under a licence or a lease is required at any time for any public
purpose, the licensee or the lessee shall forthwith release to the Licensing
Authority such area and to such extent as is required by the Government under
such terms and conditions as may be determined by the Licensing Authority:---
Provided that where any area excluded as
above becomes subsequently available for the purpose of grant under licence or
lease, the previous licensee or the lessee shall have prior right over such
area if his original licence or lease subsists.
170. Report of accident, etc.- A licensee or
a lessee shall report immediately to the
Licensing Authority any incident of fire, explosion, inundation or roof-fall
causing damage to minerals property or loss of human life. The Licensing
Authority may direct an enquiry to assess the loss caused to mineral property
and reasons thereof. In case, it is proved to the satisfaction of the Licensing
Authority that the accident had taken place due to the negligence of the
licensee or the lessee, action may be taken under these rules.
171. Sub-letting:- (1) No licensee or lessee
shall subject the mine for the purpose of extraction of the mineral.
(2) The licence or the lease shall be
cancelled by the Licensing Authority, if the provision of sub-rule (1) is
violated:---
Provided that before proceeding under
sub-rule (1) the licensee or the lessee shall be given an opportunity of being
heard.
Explanation:- Sub-letting includes such act
on the part of a licensee or a lessee whereby the liberties, powers, privileges
and obligations under the licence or lease as the case may be are transferred
to a third party in respect of the area demised under the licence.
172. Taking possession of works, etc., in
time of war or national emergency:
- (1) In the event of a state of
war or national emergency, the Government may take control of works, plant and
premises under the licence or the lease.
(2) In such an even, the licensee or the
lessee shall conform to and obey all directions issued by the Licensing
Authority or the Government in this behalf.
(3) A fair compensation as determined by the
Licensing Authority shall be paid to the licensee or the lessee.
173. Licensee or lessee ceasing to be
national of Pakistan.- (1) If a licensee
or a lessee ceases to be a national of Pakistan or if a company ceases to be incorporated
in Pakistan, he shall within a period of one month inform the Licensing
Authority and apply to him for its consent to assignment of the rights granted
by the licence or the lease under these rules.
(2) In the even of the licensee or the
lessee failing to obtain such consent, the Licensing Authority may without
prejudice to any obligation or liability imposed by, or incurred under these
rules, revoke the licence or the lease.
174. Unauthorized mining.- (1) If any person
starts prospecting or mining any mineral outside the area granted to him under
a licence or a lease or in any area for which he has not obtained a licence or
a lease or if any person obstructs free access of a licensee or a lessee to the
licensed or leased area or directly or indirectly tries to interfere with the
prospecting or mining operations by a licensee or a lessee, he shall be
punishable by a court of competent jurisdiction, with imprisonment for a term
which may extend to three years or with fine upto Rs. 50,000 or with both.
(2) Notwithstanding anything contained in
sub-rule (1) the Licensing Authority shall have the power to stop unauthorized
work in such manner as it may deem fit and recover in addition to the penalty,
the pit-mouth value of the mineral so excavated from the person responsible for
such unauthorized work.
175. Registration of Surveyors:- (1) The
Licensing Authority shall register and maintain a list of suitably qualified
Mine Surveyors who, in its opinion, are competent to carry out boundary
demarcation, survey both underground and above-ground and to prepare plans as
are required under these rules on the rates of fee fixed by the Licensing
Authority from time to time:---
Provided that the Licensing Authority may
register such Mine surveyors initially for a period of 5 years on the payment
of fee any further renew it in the manner prescribed by it.
(2) A boundary demarcation certificate
required under rule 147 shall be accepted by the Licensing Authority only if
the demarcation has been carried out by a registered Mines surveyor and the
prescribed certificate is signed by him.
(3) If at any time the Licensing Authority
has reasons to believe that the registered Surveyor has committed gross
negligence or misconduct in the discharge of his duty under theses rules, it
may imposed a penalty under rule 177 and may also, subject to notice cancel the
registration of the Surveyor:---
Provided that before such cancellation the
mining surveyor shall be given an opportunity to explain his position and shall
be heard in person, if he so desires.
(4) A surveyor referred to in sub rule (1)
shall have such qualifications, as may from time to time be prescribed by the
Licensing Authority by Notification.
(5) A surveyor who whishes to be registered
under this rule shall make application to the Licensing Authority and shall
also pay such registration fee as is prescribed by it.
176. Persistent violation of rules and
conditions.- If a licensee or a lessee
persists in violating any of the terms and conditions of the licence or the
lease or the provision of these rules, and fails to remedy the violation within
such period as may be fixed by the Licensing Authority the licence or the lease
may, subject to notice be cancelled.
177. Penalties.- Notwithstanding any other penalty provided by
these rules, the Licensing Authority or an officer so authorized by the
Government may impose penalty on a licensee or a lessee for violation of these
rules as notified by the Government from time to time.
178. Power of distress.- If any dues payable
under a licence or a lease are not paid within six months next after so
authority may subject to notice determination the licence or lease violation of
these rules as notified by the comprised therein.
179. Delivery of mines, etc. in good
condition.- On the expiry surrender or
determination of a licence or a lease the licensee or the lessee as the case
may be shall deliver to the licensing Authority the demised premises and all mines if any in a proper and
workable state save in respect of any working as to which the licensing Authority may have earlier sanctioned
abandonment in which case he shall securely plug any bores and fill up or fence
any holes or excavations that he may have made in the land to such extent as
the Licensing Authority may required.
The lessee or the licensee shall also to like extent restore the surface
of the land and buildings and other structures not belonging to him which he
may have damaged in the course of prospecting or mining.
180.
Force majeure.- Failure on the part of a licensee or a lessee to fulfill
any of the term and conditions of these rules shall not give the licensing
Authority or the Government any claim against the licensee or the lessee or be
deemed a breech of the condition of the licence or the lease in so far as such
failure arises from force majeure.
Explanation.- In this rule the expression force Majeure
means the act of God, war insurrection riot, civil commotion tide storm tidal
wave hood, lightening explosion fire earthquarke and any other happening which
the licensee or the lessee could not reasonable prevent or control.
181. Black listing.- (1) a person a firm or a company may be black
listed by the Licensing Authority on account of serious and repeated violations
of these rules.
(2) The licence or lease held by such person
firm or company shall stand terminated and such person, firm or company shall
be debarred from obtaining any further concession.
(3) in case such person of any partner of
such firm or a Director of such other firm or company ineligible to receive a
mining concession.
182.- Establishment of check posts.- (1) The
licensing Authority may for the purpose of verification or collection of
royalty on minerals dispatched from the licensed or leased areas, establish
check posts at suitable places, authorize any official to check the mineral in
transit and take such other measures with regard to recovery of royalty as it
may deem fit.
(2) Notwithstanding the provision of the
rule 141 the Licensing Authority may order the collection of royalty on mineral
dispatched from the licensed or leased areas, establish check posts at suitable
places, authorize any official to check the mineral in transit and take such
other measures with regard to recovery of royalty as it may deem fit.
183. Forfeiture of plants etc.- If any
machinery building mineral or other property belonging to the cense or the
lessee is not removed by him from the licensed or leased area within six months
after the date of expiry or determination of the licence or the lease the licensing
Authority may enter upon the said land, take possession of all the machinery
building structures, mineral or any other property belonging to the lessee any
may dispose it off in any manner as it may deem fit.
184. Unit development and beneficiation of
the minerals.-The Licensing Authority shall have the right to require the
licensee or the lessee to:---
(a) merge his uneconomic holding under a
licence or a lease with the holding of an other licensee or lessee as the case
may be, for the purpose of joint
exploitation on the terms and conditions
Licensing Authority may decide; and
(b) grade, beneficiate, refine concentrate
the mineral to a marketable standard.
185 Appeal.- (1) If a person is aggrieved by
an order of the Licensing authority passed under the rules he may, within
thirty days of the communication of the impugned order and payment of such
rules, he may, within thirty days of the communication of the impugned order
and payment of such fee as may from time to time be prescribed by the Government
prefer an appeal to the Government in
the appropriate department.
(2) The decision of the Government on such
appeal shall be final.
(3) The Government while hearing the appeal
under sub-rule (1) may, if it so considers necessary in the interest of justice,
grant a stay order:---
Provided that no such order shall be passed
in respect of Government dues unless the appellant deposits 25% of the disputed
amount with the Licensing Authority.
(4) If the appeal in which a stay order had
been granted is finally rejected and the Appellate authority is of the view
that the appeal was preferred on frivolous grounds or the stay order was
obtained by deceit or fraud on the part of the appellant, it may while deciding
the appeal, impose a penalty on the appellant upto 5% of the disputed amount.
(5) The amount deposited under sub-rule (3)
would first be adjusted towards the penalty imposed under sub-rule (4). The
remaining amount, if any, may be adjusted towards the satisfaction of the
Government dues, and the balance, if any, may be refunded to the appellant.
185-A. Revision.- The Government may, at any
time, call for the record or proceedings under these rules to examine the
validity and legality of any action and may pass such orders as it may deem
necessary:---
Provided that if a person is to be adversely
affected no such order shall be passed without giving that person on
opportunity of being heard.
186. Outstanding dues payable even after
expiry of a licence or lease:- On the surrender, expiry or determination of a
licence or a lease, the licensee or the lessee, as the case may be, shall be
responsible for payment of all outstanding dues and other charges which, in the
event of non-payment, shall be recoverable as arrears of land revenue.
187. Auction of area with proved mineral
reserves:- In case of cancellation of licence or lease in respect of an area
containing proved mineral reserves the Licensing Authority may lease out the
area by inviting sealed tender on such terms and conditions as may be
prescribed by it:---
Provided that if an area does not fetch a reasonable bid in five consecutive
tenders or auctions the area may be deleted from the list of tender or auction.
Explanation.- The entire area covered by a
previous license or a lease shall be treated as proved, in case the ex-licensee
or lessee had reported production of the minerals through mining or proved the
area through drilling of borehole or
boreholes, as the case may be.
188. Membership of an association.- The Licensing Authority may require a Licensee or
a lessee to become a member of an association recognized by it as representing
the interests of the Private Section of Mining Industry as a whole.
189. Constitution of Board:- Government may,
by a notification constitute a Board comprising official and non-official
members and assign the functions and duties regarding the development of mining
areas, provisions of infrastructure facilities and other ancillary matters
connected therewith.
190. Exemption:- The Government may, by
notification declare that any area of minerals or any class or description
thereof shall be exempted from all or any of the provisions of these rules or
that such provisions shall apply thereto with such modifications or subject to
such conditions as may be specified in the order.
PART – 4
MINOR MINERALS
191. Mining of minor minerals:-There shall
be no mining of minor minerals except under a lease granted in accordance with
these rules. Notwithstanding anything contained in these rules a lease for
minor minerals to a Government Department or a public sector organization and
for limestone and dolomite to a large size Industrial Undertaking manufacturing
cement of sodium carbonate or sodium bicarbonate or other product as may be
specified by the Government, shall be granted and governed by rules relating to
Small Scale Mining under these rules.
192. Period of lease:- The period of a lease
shall not exceed five years.
193. Mode of grant:- A lease shall be granted on “as
is, where is basis” through open auction conducting by a
committee constituted under these rules. The area granted under a mining lease
shall not be substituted in any case.
194. Constitution of an Auction Committee:-
(1) Government may, by notification, constitute an Auction Committee in each
District, to conduct auction of leases for minor minerals.
(2) An officer of BS-17 or above of the
Directorate General, Mines and Minerals,
(3) Three members including the Chairman or
his authorized representative shall constitute the quorum of the Committee.
195. Schedule of auction:- The Secretary
shall, for the purpose of general information, cause to be prepared and
maintained a schedule, along with necessary plans based on Survey of Pakistan
maps of the area in a district where minor minerals are situated and shall also
cause a tentative programme for auction formulated and maintained in his
office.
196. Shape of the area:- Each area in respect of which a lease is
granted shall, as for as practicable, be in a compact shape and shall be
identified by well marked permanent physical boundaries or by straight lines.
197. Size of the area:- No lease shall be
granted in respect of an area exceeding 500 acres,---
Provided that a lease for gravel or ordinary
sand may be granted for larger area with prior permission of the Government.
198. Public notice of auction:- For the
general information of the public, the Licensing Authority shall, through a
public notice, advertise at least 15 days prior to the date of auction:---
i) the location of the area in respect of
which the lease is proposed to be granted.
ii) the details of the auction programme
specifying the date, time and place where the auction is to take place; and
iii) the terms and conditions of the
auction.
199. Registration of applicant. - (1) A person desirous of taking part in an
auction shall submit, by hand, an application complete in all respects to the
Secretary or to an officer authorized by him in this behalf in form as may be
prescribed by the Licensing Authority, at one day prior to the auction.
(2) Every application under sub-rule (1) A
person desirous of taking part in an auction shall submit, by hand an
application complete in all respects to the Sectary or to an offices authority
by him in this behalf in form as may be prescribed by the Licensing Authority
at least one day prior to the auction.
(2) Every application under sub-rule (1)
shall accompanied by,---
i. earnest money as prescribed by the
Government; and
ii. a copy of,---
(a) the National Identity Card of the
applicant;
(b) Income tax registration certificate;
(c) the duly registered partnership deed
where the applicant is a partnership
firm; and
(d) the Articles and Memorandum of
Association along with evidence of paid up capital, if the applicant is a
company.
(3) If an application is not submitted in
accordance with provisions of sub-rules (1) and (2) it shall be rejected and
the applicant shall not be eligible to take part in the auction.
200. Acknowledgement of applications.- The
officer receiving the application shall
record thereon the date and time of its receipt and deliver to the
applicant a registration slip stating the date and time of the auction.
201. Power to accept or reject a bid.- The
licensing Authority shall have the discretion to accept or reject the highest
bid received in an auction with out assigning any reason.
202. Refund of earnest money.- The earnest
money deposited under rule 199 may be refunded after the auction exception or
rejection of the bid by the Licensing Authority:---
Provided that the earnest money deposited by
the highest bidder shall be forfeited if he fills to deposit the required part
of the bid at the time of auction.
203. Payment of bid money. - The highest bidder shall be deposit the
balance of the bid money in the manner and within the time prescribed by the
Government failing which the earnest money shall stand forfeited and the next
highest bid may be treated as the highest bid.
204. Refund of bid money. - In case the
highest bid is rejected by the Licensing Authority the bid money deposited by
the bidder shall be refunded.
205. Security deposit.- (1) on approval of the bid the higher bidder
shall deposit 25% of the bid money as security within a period of fifteen days
from the date of issue of the letter of approval in the manner prescribed by
the Licensing Authority.
(2) If the highest bidder fails to deposit
the security amount within the time limit given under sub rule (1) the bid
money and the earnest money already deposited by him shall be forfeited, his
bid rejected and next highest did may be treated as the highest bid.
(3) On the expiry or termination of the
lease, as the case may be the security deposit shall be refunded to the lessee
after making such deductions on account of outstanding dues, compensation for
surface damage penalty or otherwise as the Licensing Authority may order.
206. Grant of lease.- (1) After the security
deposit is made the secretary shall issue an allotment letter whereupon the lease
shall stand granted to the highest bidder.
(2) The allotment letter shall state the
terms and conditions of the lease.
207. Payment of installments. - (1) The
lessee shall pay the installments, if any of the bid money in advance on the
dates stated in the allotment letter and submit to original Treasury Challan to
the Secretary.
(2) In case the lessee fails to pay any
installment by the due date, the Licensing Authority may cancel the lease and
through is agent resume the possession of the area.
208. Surface rent.- (1) A lessee shall pay
for all Government land which he may use or occupy superficially for the
purpose of the operations conducted under the lease, a surface rent at the rate
assessable under the revenue law of rules applicable in the district in which
the land is situated:---
Provided that if no such rent is assessable
under the existing law, the rent may be fixed by the Licensing Authority.
(2) If the land belongs to a private
p-person, a lessee shall pay surface rent to the owner of the land actually
used or occupied superficially at such rate and in such manner as may be
mutually agreed upon between the lessee and the land owner and in case of
disagreement between them, at such rate and in such manner as may be determined
by the Licensing Authority whose decision shall be final.
209. Acquisition of land.- If in the opinion
of the licensing Authority, it is necessary to acquire land to provide access
to the lased area, it may acquire it under the Land Acquisition Act, 1894.
210. Compensation.- A lessee shall pay such
compensating as may be assessed by the authority concerned in accordance with
law for the time being in force for such laws, which may be caused as a result
of the operations carried on by him under the lease and shall indemnify the
Licensing Authority or any office working on its behalf against all climes
which may be made by third parties in respect of any such damage, injury or
disturbance and in case of dispute the matter shall be referred to the
Licensing Authority, whose decision shall be final:---
Provided that before proceeding under this
rule, the Licensing Authority shall give the parties reasonable opportunity of
being heard.
211. Operation in the reserved and protected
forests.- (1) All operations conducted
under these rules within a reserved or protected forest shall be subject to
such conditions as the licensing Authority may by a general or a special order,
prescribe.
(2) It shall be a condition of every lease
granted under these rules that before the commencement of mining operations
within a reserved or protected forest, a notice shall be given to the forest
officer concerned of the intention to commence operations.
212. Demarcation of area.- (1) the lessee at his own expense shall
within fifteen days of issue of allotment letter, cause the granted according
to the survey data and erect and maintain at all times correct/permanent
boundary marks and pillars standing not less than I mater above the surface of
the ground and being not less than ½ meter square or in diameter at the base at
every angle or corner of boundary line in case, the lessee fails to erect or
maintain the boundary pillar the Licensing Authority or its authorized agent
may impose penalty at such rate as prescribed by Government.
(2) The Licensing Authority may demarcate
the area officially on payment of such fee by the
lessee as prescribed by the Government.
(3) Any boundary dispute in respect of the
leased area shall be referred to the Licensing Authority, whose decision shall
be final.
213. No work within 100 meters from any
railway line, etc.- A lessee shall not
carry on or permit to be carried on any mining operation at or upto any point
within a distance of 100 meters from any
Railway line, water reservoir power line gas pipeline or other public works or
building or place of archaeological importance except with the prior
permission, in writing of the Licensing Authority and in accordance with such
conditions as it may impose.
214. Inspection.- A lessee shall provide the
Licensing Authority or an officer authorized by it in this behalf, all
reasonable facilities to enter upon the leased area for purpose of inspection
survey, measurement or inquiry about any matter relating to the lease and shall
make available all records pertaining there to for examination.
215. Access to other lessee,- (1) A lessee shall allow lease holders of any area adjoining or accessible
through the land held by the lessee all reasonable facilities of access there
to on the terms and conditions as may be determined by the Licensing Authority.
(2) failure on the part of the lessee to
comply with the terms and conditions
determined by the Licensing Authority under sub-rule (1) shall render him
liable to penalty as may be prescribed by the Government.
216. Change in the constitution of the
lessee. - A lessee shall not make any change in its
constitution without prior consent in writing of the Licensing Authority.
217. Exclusion of lands for public
purposes.- If an area or a portion
thereof held under a lease is required at any times by the Government for any
public purpose, the Licensing Authority shall have the powers to with draw such
area without notice and the bid money shall be reduced proportionately.
218. Unauthorized mining.- (1) If
any person carries out mining of minor minerals outside the area granted to him
under a lease or in any area for which he has not obtained a lease or obstructs
free access of a lessee to the leased area or directly or indirectly ties to interfere with the
mining operation by a lessee he shall be punishable by a court of competent
jurisdiction with imprisonment for term may extend to three years or with fine
not exceeding Rs. 0,000/- or with both.
Notwithstanding sub-rule (1) the licensing
Authority shall have the power to stop
unauthorized work in such manner as it may deem fit and recover upto three
times the sale price of mineral so excavated from the person responsible for
such unauthorized work:---
Provided that before proceeding, the person
shall be given a reasonable opportunity of being heard.
219. Right of surrender.- A lessee may
surrender the mining lease at any time after four months from the date of its
grant by giving either two months prior
notice in writing the Licensing Authority or pay propionate bid money in lien thereof:---
Provided that in case of partial surrender
of the lease area, the lessee shall not be entitled to any reduction in the bid
money.
220. Assignment.- A lessee shall neither transfer any right of
interest under the lease, nor part with the possession of the area or any part
thereof, without prior permission in writing of the licensing Authority.
221. Method of making application for
assignment.- (1) An application for assignment shall be submitted at least
three months before the expiry of lease and shall be accompanied by the fee as
prescribed by the Government.
(2) The application shall be presented in
person and shall be signed by both the assignee and the assignor before the
Licensing Authority or an officer authorized by it in this behalf.
(3) The security deposited by the assignor
shall be refunded after receiving fresh security deposit from the assignor on
approval of the assignment by the Licensing Authority.
222. Refund of propitiate bid money.- In case a lessee fails to assume possession
of the area of the are of work therein due to circumstanced beyond his control
and informs within a period of fifteen days from the date he first faced the
hindrance in this respect and proves it to the satisfaction of the Licensing
Authority it may refund the proportionate to that extent:---
Provided that no relief under this rule
shall be admissible due to rains or floods in the rivers, streams or of
dangerous quarry operations.
223. Removal of buildings, structures etc.
on expiry of lease.- (1) On expiry or termination of a lease, the lessee shall
hand over the possession of the area to the licensing Authority or its
authorized representative clear of all buildings, structures machinery
excavated minerals and other things.
(2) In case such buildings, structures,
machinery minerals or other things are not removed within one month from the
date of expiry or termination of lease, it shall vest in the licensing
Authority without any right of the lessee for compensation and Licensing
Authority may dispose them off in such manner as it may deem fit.
224. Violation of rules or lease
agreement.(1) Except as otherwise
provided in these rules, in case of violation or breach of any rule or any term
or condition of the grant of lease, the Licensing Authority shall give a notice
to the lessee providing him with an opportunity to remedy the breach within the
time specified in the notice.
(2) If the lessee fails to remedy such
violation or breach within the specified time, the Licensing Authority may
terminate the lease and forfeit the bid money already paid by the lessee.
225. Erection of buildings, etc.- Nobody
other than a lessee shall erect any building, structure, machinery or plan
within a distance 100 meters from the foot of a hill in the leased area except
with the prior permission, in writing of the Licensing Authority.
226. Service of letters and notices.- Any
letter or notice issued to the lessee or to any person at his postal address by
registered post shall, for purpose of these rules, be considered sufficient
service.
227. Safe working.- (1) If on inspection or
otherwise the Licensing Authority is of the opinion that a lessee is working in
a manner contrary to the conservation of mineral property or safety of workers
or other people the licensing Authority may required the lessee in writing to
remove the defects or amend the method of mining within a period, not exceeding
two months, as is determined by the Licensing Authority.
(2) If the lessee fails to comply with the
instruction within the specified period, the Licensing Authority shall have the
powder to stop the work of extraction of minerals in whole or in any part of
the area demised under the lease till such time that the defects are removed to
the satisfaction of the Licensing Authority and the lessee shall not be
entitled to any relief whatsoever on this account.
(3) If the defects are not removed or the
method of mining is not amended to the satisfaction of the method of mining is
not amended to the satisfaction of the Licensing Authority within two months
from the date of stoppage of work, the lease shall be cancelled and the dib
money already paid, shall be forfeited.
228. Re-auction of leased area. - A leased
area may be re-auctioned within three months before its expiry but if the
auction or the grant of lease is delayed due to certain reasons, the Licensing
Authority may extend the period of
previous of previous lease upto the date of next grant on payment of
proportionate bid money in advance for the extended period:---
Provided that any extension beyond a period
of six months on this account shall be subject to the approval of Director
General, Mines and Minerals, Punjab.
Provide further that extension beyond a
total period of one year shall be subject to the approval of the Government.
229. Issuance of dispatch slips.-(1) The
lessee shall not dispatch any mineral from the leased out area without issuing
a dispatch slip duly signed by him or his authorized representative in the form
prescribed by the Licensing Authority.
(2) If a lessee fails to issue proper
dispatch slips the licensing Authority or an officer authorized by it in this
behalf may impose a penalty as may be prescribed by the Government.
(3) If a lessee commits repeated violations
of this rule, the Licensing Authority may terminate the lease and forfeit the
installment or bid money already paid.
230. Mode of payment.- All amounts payable under these rules shall be
deposited in to a Government Treasury or into any bank authorized by the
Government for the purpose under the Head of Account specified by the
Government.
231. Taking over possession of area.
(1) On expiry or earlier termination of
a lease, the possession of the area shall be assumed by the Licensing Authority
or its authorized representative and entry in this respect shall be made in the
record of the Licensing authority.
(2) Possession of the area shall be
considered as validly assumed if entry to this effect is available in the
record of the Secretary or the licensing Authority and an ntimation has been
sent to the concerned revenue officer of the district.
232. Outstanding dues payable even after
expiry of a lease. (1) The lessee shall
be responsible for payment of all outstanding dues and other charges even after
the surrender, expiry or termination of the lease.
(2) In the event of non payment of dues by
the lessee or any other person under these rules, the same shall be recovered
as arrears of land revenue.
233. Black listing.- (1) A person may be black listed by the Licensing
Authority on account of serious or repeated violations of these rules.
(2) The lease held by such person shall
stand terminated and he shall be debarred from taking part in all future
auctions.
234. Appeal.- (1) If a person is aggrieved
by an order of the Licensing Authority passed under these rules; he may within
thirty days of the communication of the impugned order and on payment of such
fee as may be prescribed by the Government, prefer an appeal to the Director
General, Mines and Minerals,
(2)
The Director General, Mines and Minerals,
Provided that an application for stay order
in respect of Government dues shall be accompanied by a pay order of one fourth
of the disputed amount in favor of the Director General, Mines and Minerals,
(3) If the appeal in which a stay order had
been granted is finally rejected and the Director General Mines and Minerals,
Punjab is of the view that the appeal was preferred on frivolous grounds of the
stay order was obtained by deceit or fraud on the part of the appellant, it
may, while deciding the appeal, impose a penalty on the appellant upto 10 % of
the disputed amount as the case may be.
(4) The amount deposited under sub-rule (2)
shall first be adjusted towards the penalty imposed under sub-rule (3) and the
remaining amount, if any may be adjusted towards the satisfaction of the
Government dues, and the balance, if any shall be refunded to the appellant.
235. Revision.- (1) Any person aggrieved by
an order of the Director General Mines and Minerals Punjab may on payment of
such fee as prescribed by the Government file a revision petition with the
Government within a period of 30 days from the communication to him of the
impugned order:---
Provided that the Government may in its
discretion condone the delay in filing the revision petition upto two months in
deserving cases.
(2) The Government may at any time call for
the record of any proceedings under these rules to examine the validity and the
legality of the order or action and may pass such orders as it may deem
necessary.
(3)
The Government may pending the decision of revision petition grant a
stay order.
Provided that an application for stay order
in respect of Government dues shall be accompanied by a pay order of one fourth
of the disputed amount in favor of the Director General Mines and Minerals,
236. Bar of jurisdiction.- (1) Notwithstanding anything provided in any
other law for the time being in force no court of other authority whatsoever shall have
jurisdiction to entertain or to adjudicate upon any matter which the Government
the Director General, Mines and Minerals, Punjab or the Licensing Authority or
any other person is empowered by or under these rules to dispose of or to
determine.
(2) The validity of anything done or an
order passed by the Government the Licensing Authority the Director General,
Mines and Minerals or any other person empowered by or under these rules shall
not be called in question in any manner whatsoever before or by any court or
other authority whatsoever.
(3) All proceedings in respect of any matter
referred to in sub-rules (1) and (2) which may be pending before such court or
other authority shall abate at once.
PART-5
REPEALS AND SAVINGS
237. Repeals.- The following laws are hereby
repealed:---
I. The
II. The
III. The Punjab Minor Minerals concession
Rules, 1990.
238. Savings.- Any prospecting Licence or
mineral title granted renewed or saved under any law for the time being in
force and existing immediately before the coming into force of these rules shall
be deemed to have been granted, renewed of saved for the subsisting period in
accordance with the provision of these
rules as if these rules were in fierce at the time such prospecting
licence or mineral title was granted renewed or saved and shall be treated
accordingly.
(SHAHID RASHID)
SECRETARY TO GOVERNMENT OF THE
INDUSTRIES AND MINERAL DEVELOPMENT DEPARTMENT
SCHEDULES
SCHEDULE 1
APPLICATION FEE
(APPLICABLE TO LARGE SCALE MINING)
No.
Category Application Fee Renewal Fee
Rs. Rs.
1
Reconnaissance Licence
15,000 Not Renewable
2
Exploration Licence 25,000
-
First Renewal 50,000
-
Second Renewal 50,000
-
Amendment 25,000
3
Mineral Deposit Retention Licence 100,000
- Renewal 15,000
- Amendment 25,000
4
Mining Lease 100,000
- Renewal -
100,000
- Amendment 50,000 -
SCHEDULE 2
(APPLICABLE TO LARGE SCALE MINING)
No.
Category Rent period
Rs.per Sq.Km. Year
1
Reconnaissance Licence
100/- 1 year
2
Exploration Licence 250 1-3
750 4
- First Renewal 1,000
5
1,250 6
- Second Renewal 2,000
7
2,500
8
3,000 9
3
Mineral Deposit 3,000 2 + 1
Retention Licence
4
Mining Lease 3,000 30 + 10
SCHEDULE 3
(APPLICABLE TO LARGE SCALE MINING)
GROUPS OF MINERALS
A. CONSTRUCTION AND INDUSTRIAL MINERALS
GROUPS
Alunite, andlusive-sillimanite-kyanite,
anhydrite, aplite, asbestos barite, beryl, boron minerals, calcium carbonate,
celestite, clay(including bentonic and Fuller‘s Earth (Palygorsite and attapulgite),
ball clay hallosite, hectorite, kaolin, refrectory clay),corundum diatomite
epsomite, feldspar meralds, granet (for
industrial purposes), graphite, gypsum, heavy mineral sands,ioding minerals
leucoxene,merald minerals, limestone and marble magnesite,mica nepheline
nitrate,olivine ,perlite,phosphate,fossil guano,quartz(for meralds 1 purposes),
picture-stone, potash, pumice, pyrophylite, salt, sepiolite, silica sand, soapstone,
soda-ash and other sodium compounds,strotianite, sulphur and pynite,talc,
vermiculite,wollastonite and any other mineral as declared by the Government.
B.
PRECIOUS STONES GROUP
Diamonds, Emerads, rubies and sapphires.
C.
PRECIOUS METALS GROUP
Gold, silver, platinum, palladium, osmium,
rhodium and ruthenium.
D.
SEMI-PRECIOUS STONES GROUP
AMOZONITE,AVENTURINE,BERYL(INCLUDING
AQUAMARINE, HELODOR ANAD MORGANITE, BUT EXCLUDING BERYL AS A SOURCE OF BERLLIUM
METAL OR AS AN INDUSTIAL MINERAL), CHRYSOBERYL, CHRYSOCOLLA, cordierite ,dioptase,
dumorierite,garnet,milarite,quartz(including amethyst,citrine,rock
crystal, rose and strawberry quartz, agate,
carnelian, chalcedony, chysoprase, jasper, mosagate, hyalite, opal, pietersite
and tiger‘s eye), sodalite,topaz,tourmaline and turquoise.
E. BASE METALS GROUP
Aluminum, antimony, arsenic, beryllium, cadmium,
caseium, chromium, cobalt, copper, gallium, geranium, hafnium, indium, iron, lead,
manganese, mercury, molybdenum, nickel, rihium, radium, radium ,”Rare
Earth “ or lanthanides, including the actinides, scandium and yttrium, rhenium,
rudium, selenium, trantalum, thallium, tin, tungsten, vanadium, zinc or
zin-conium, but does not include any such minerals if such mineral is
incidentally included in a mineral falling in any other group of minerals.
NOTE:- The Government may include or exclude
any mineral or group of minerals in the above said groups through notification
as deemed appropriate.
GOVERNMENT OF THE PUNJAB MINES &MINERALS
DEPARTMENT
Dated
Notification.- No. SOT (M&MD) 8-15/90(Voll). The Government of the
I.
Terms and conditions for registration:---
The intending bidders shall get themselves
registered with the Directorate General of Mines & Mineral, Punjab at least
one week prior to the date of open auction and only the registered bidder who
fulfills the following financial qualifications will be participate in the open
auction.
Financial Qualifications:- A non-refundable
fee of Rs. 20,000/- shall be charge for registration applicant shall provide attested
copy of national identity card and income Tax Registration Certificate for
registration.
Individual Applicants:
(I) Attested copies of fixed deposits for
Rs.5 million or more in the name of the applicant.
Or
Attested copies of Defence Savings Certificates
or N.I.T Shares in the name of the applicant for the same amount, or Statement
of Bank transactions for a period of 12 months (not older than a month on the
date of filling of application) showing a minimum closing balance of Rs.5
million and a reasonable number of transactions of the same amount during the
year.
(ii) Additional evidence of immovable
property to the satisfaction of the Licensing Authority to the tune of Rs. 15
million or certificate from a scheduled Bank to the effect that the applicant
has the financial capacity to invest upto Rs 15 million.
Firms:
In case of firm the evidence of financial
capacity of individual partners taken together, on the scale laid down for
individual applicants.
Public and private limited companies:
In cases of public and private limited
Companies they must have a minimum paid-up capital of Rs. 20.00 million.
2. Terms and conditions for grant/auction:
The open auction will be held in office of
Director General, Mines & Minerals,
i)
Director General Mines and Minerals Chairman.
ii)
A representative of the finance Department. Member.
iii)
Director Administration,
Member.
Office of the D.G Mines & Minerals,
iv)
Deputy Secretary,
Member.
Mines & Minerals Department.
b)
The committee will sign each and every bid sheet in the presence of
bidders and will also announce the highest bid received in the auction for
reach area.
c)
25% of the total bid shall be deposited at the fall of harmer in the
form of pay order/draft drawn in favor of the Director General, Mines &
Minerals,
d) The initial period of the lessee will be
20 years and lease shall be renewable as per usual terms and conditions under
the Punjab Mining Concession Rule, 2002.
e) The area have been declared proved on the
basic of reports made by Geological Survey of Pakistan and survey data
available in the record for which the Directorate does not take any
responsibility regarding quantum of reserves.
The interested parties may visit the area to verify the position on the
spot before giving bids. No claim would be
entertained by the Licensing Authority in this respect after offering the bid.
f) Defaulters in the payment of dues in
respect of previous mining concessions and the parties who have been blacklist
by the Directorate and not eligible for the grant of leases even if their bids
are highest.
g) The Licensing Authority reserves the
right to reject any bid without assigning any reason.
h) If aggrieved by the order of Licensing
Authority the bidders/concessionaires may file an appeal before the Director
General, mines and minerals Punjab under rule 185 of the
i) No bid in respect of an area for which
there is any stay order from a court of law of Appellate Authority shall be
entertained.
4.
Terms and conditions of concession:
a)
Performance Guarantee.
The successful bidder shall submit a
performance guarantee amounting to Rs.5, 00,000/- in the form of Bank guarantee
from a schedule bank for compliance with the lessee‘s obligations under
schedule bank for compliance with the lessee‘s obligations under the Punjab
Mining concession rules 2002.
Alternately they may submit Defense saving certificates of equal amount
duly endorsed in the name of Director General, Mine & minerals,
b)
Period of installation of equipment:
The lessee will install basic machinery and
equipment required for mining operations as per details given in Annex-A within
a period of two years, extendable by another period of one year by the Licensing
Authority on cogent reasons.
c)
Forfeiture of guarantee:
Failure of lessee to install machinery and
equipment as envisaged in the approval development scheme within the time frame
approved by the Licensing Authority will render the performance guarantee
liable to forfeiture in full or a part as determined by the Licensing
Authority.
d)
Refund of guarantee:
On complete deployment of
equipment/machinery as envisaged in approved
development scheme and compliance of other terms and conditions
regarding environmental rehabilitation, the licensing Authority may refund
performance security/Guarantee to the lessee.
On surrender or termination of the lessee, the Licensing Authority may
refund the guarantee after applying suitable deduction as per merits of the
case.
e)
Use of Rock Salt:
The lessee shall be entitled only to use the
rock salt excavated by him from the leased area exclusively for export in raw
form or its value added products and it shall in no way be put to any other use
or direct sale locally. In case of any
violation of this condition, the lease shall be liable to cancellation and the
above said performance guarantee shall be confiscated by the licensing Authority.
f)
The lessee shall ensure the compliance of the following in accordance
with rule 138 ibid.
(i)
The lessee shall work in accordance with the approved development
scheme, based on room and pillar method of underground mining.
(ii)
The lessee shall deploy an approved magnitude of mine machinery and
equipment to ensure scientific development of rock salt deposits.
(iii)
The lessee shall employ technical staff as approved by the Licensing
Authority and chief inspector to mines,
Annex-”A”
DETAILS OF MACHINERY & EQUIPMENT
Compressors Two
Nos.
Drill Machines Six Nos.
Pneumatic Picks Six Nos.
Transportation equipments like Tub/Track,
etc.
Hoists.
Miscellaneous equipment like rubber hose
pipe, Undercutting machine, pumps, etc.
THE
PUBLISHED BY AUTHORITY
GOVERNMENT OF THE
INDUSTRIES, MINES AND MINERALS
DEPARTMENT
Dated
NOTIFICATION
No.V(I&MD)3-21/95Vol-III. In exercise of the powers conferred upon him
under section 2 of the Regulation of Mines & Oil-fields and Mineral
Development (Government Control) Act, 1948 (XXXIV of 1948), the Governor of the Punjab is pleased to direct that in
the Punjab Mining Concession Rules, 2002 the following amendments shall be
made:---
AMENDMENTS
In
rule 2 –
(i)
clause (xxiv) shall be substituted by the following:---
(xxiv) “minor minerals”
mean ordinary sand, sand stone, silt stone, slate stone and gravel and may
include any other mineral so declared by the Government;” and
(ii)
after clause (xxix), the following new clause (xxix-a) shall be added:---
“(xxix-a) “Mining Consultant”
means a legal or natural person qualified
in Mining Engineering or Geology duly registered with Director General,
Mines & Minerals;”
2. In rule 7 sub rule (1), after the word
“investment” and before the word “is”
occurring for the section time, the following shall be inserted:---
3. In rule 12, the word “previous”,
wherever occurring, shall be substituted by the word “prior”.
4. In rule 16 sub rule (1) clause (e) sub
clause (i), after the word “operations” and before the word “proposed”,
the words “prepared by a Mining Consultant and” shall be inserted.
5. In rule 17, in the heading, the words
“application for” and before clause (a), the words “an
application for” shall be deleted.
6. In rule 18 sub rule (1), the word “granting”
shall be substituted by the word “grant” and the words “an application for”
shall be deleted.
7. In rule 27 sub rule (7), the words “an
application for a” shall be deleted.
8. In rule 34 sub rule (1) clause (a), the
word “or” shall be substituted by the word “for”.
9. In rule 56 sub rule (1) clause (a) sub
clause (ii), in paragraph (a), the word “agrochemical”
shall be substituted by the word “geo-chemical”.
10. After rule 73, the following new rule
73-A shall be added:---
“73-A. Surface Rent:- (1) A licensee or
lessee shall pay, for all Government land which he may use or occupy
superficially for the purposes of the operations conducted under the licence or
the lease, a surface rent and water rates assessable under the revenue or any
other law or rules in the district in which the land is situated:---
Provided that if no such rent is assessable
under the existing law, the rent and the water rate may be fixed by the
Licensing Authority.
(2) If the land belongs to a private person,
a lessee or a licensee shall pay surface rent to the owner of the area for the
land actually used or occupied superficially at such rate and in such manner as
may be mutually agreed upon between the lessee and the land owner and in case
of disagreement between them, at such rate and in such manner as may be
determined by the Licensing Authority by taking into account produce unit of
the area;
(3) If no such rent is available under the
laws of the district in which the land is situated, the rent may be fixed by
Licensing Authority subject to a minimum of Rs. 200/- per acre.”
11. In rule 78:---
i) in sub
rule(1), the words, brackets
and figures “sub-rules (2) and (3)” shall be substituted by the words, brackets
and figure “sub rule (2)” ii)
sub rule (2) shall be omitted, and iii)
sub rule (3) shall be re-numbered as (2).
12. In rule 94 sub rule (1), after the
brackets and figure “(1)” and before the word “a” in
the beginning, the word “if” shall be omitted and the following shall be
inserted:---
“In case of large scale mining, if”.
13. In rule 105, after the word “application” and
before the full stop at the end, the words “giving reasons thereof in a well
defined manner” shall be inserted.
14.
In rule 109 sub rule (3), the words “presented in person and”
shall be omitted and after the word “behalf” and before the full
stop at the end, the words “and shall be deemed to be accepted”
shall be inserted.
15.
In rule 111, in the third proviso, the word “referred”
shall be substituted by the word “refunded”.
16. In rule 120, the figure “25”
shall be substituted by the figure “12.5”.
17. In rule 122, the word “two”
shall be substituted by the word “three”.
18. In rule 123, the words “twelve months”
shall be substituted by the words “two years”.
19. In rule 125, sub rule (1), the word
“approved” shall be substituted by the word “submitted”.
20. In rule 133, the proviso at the end
shall be deleted.
21. In rule 134 sub rule (2):---
(i) after the word “Authority”
occurring for the second time and before the word “grant”,
the word “may” shall be substituted by the word “shall”,
(ii) in the
first proviso, after the
word “him” and before the colon at
the end, a full stop and the following shall be inserted:----
“The Licensing Authority shall also issue a
registered notice to the concessionaire about the date of expiry of concession
at least one year prior to the date of expiry”.
(iii) in the second proviso, after the
figure “177” and
before the full stop at
the end the following shall be inserted:---
“and the Appellate Authority may condone the
delay upto one year”.
third and fourth provisos shall be deleted.
22.
In rule 138,---
(i) after the word “months” and
colon and before the first proviso, the following new proviso shall be
added:---
“Provided that if lessee seeks revision of
Development Scheme giving cogent reasons, the Licensing Authority may revise
the Phased Programme of Development”, and
(ii) after the proviso so added, in the
second proviso, the word “further” shall be inserted after the word “provided” and
before the word “that”.
23.
In rule 143, in sub rule (1), the words “at the rate”
shall be omitted,
(ii) in sub rule (2), after the word
“Authority” and before the colon, the words “by taking
into account produce unit of the area” shall be inserted ; and
(iii) after the proviso of sub rule (2), the
following new sub rule (3) shall be added:----
“(3) If no such rent is available under the
laws of the district in which the land is situated, the rent may be fixed by
the Licensing Authority subject to a minimum of Rs.200/- per acre”.
24. In rule 158, sub rule (2) shall be
omitted and sub rule (3) shall be re-numbered as (2).
25.
In rule 159:---
(i) in sub rule (1), the word “two”
shall be substituted by the word “six”,
(ii) in sub rule (2), after the word “have” and
before the word “the”, occurring for the sixth time, the words
“the power to stop” shall be inserted;
(iii) in sub rule (3), after the word
“cancelled” and before the full stop at the end, the
words “after providing an opportunity of personal hearing to
the licensee or the
lessee” shall be inserted, and
(iv) sub rule (4) shall be deleted.
26.
Rule 185 shall be substituted by the following:---
“185. Appeal:--- (1) In case of small scales
mining, if a person is aggrieved by an order of the Licensing Authority passed
under these rules he may, within thirty days of the communication of the
impugned order and payment of such fee as may, from time to time, be prescribed
by the Government prefer an appeal to the Director General, Mines &
Minerals, Punjab.
(2)
The Director General, Mines & Minerals,
Provided that an application for stay order
in respect of Government dues shall be accompanied by pay order of 10% of the
disputed amount in favor of the Director General, Mines & Minerals,
(3) If the appeal in which a stay order had
been granted is finally rejected and the Director General, Mines &
Minerals, Punjab is of the view that the appeal was preferred on frivolous
grounds or the stay order was obtained by deceit or fraud on the part of the
appellant, if may, while deciding the appeal, impose a penalty on the appellant
up to 10% of the bid money or the disputed amount, as the case may be.
(4)
The amount deposited under sub rule (2) shall be adjusted towards the
penalty imposed under sub rule (3) and the remaining amount, if any, may be
adjusted towards the satisfaction of the Government dues and the balance, if
any, shall be refunded to the appellant.
27.
Rule 185-A shall be substituted by the following:----
“185-A, Revision:- (1) Any person aggrieved
by an order of the Director General, Mines & Minerals, Punjab may, on
payment of such fee as may be prescribed by the Government, file a revision
petition with the Government within a period of thirty days from the
communication to his of the impugned order:---
Provided that the Government may condone the
delay in filing the revision petition up to two months in deserving cases.
(2)
The Government may, at any time, call for the record of any proceedings
under, these rules to examine the validity and legality of the order or action
and may pass such orders as it may deem necessary.
(3) The Government may pending the decision
of revision petition grant a stay order:---
Provided that an application for stay order
in respect of Government dues shall be accompanied by pay order of 10% of the
disputed amount in favor of the Director General, Mines & Minerals,
28. In rule 191, after the word “to”
occurring for the third time and before the word “Small” the
words “Large and” shall be inserted.
29. In rule 210, the word “laws” and
in the proviso, the word “parities” shall respectively be substituted by the
words “loss” and “parties”.
30. In rule 234 sub rule(1), after the brackets and figure
“(1)” and before
the word “a” in the
beginning, the word “if” shall be omitted and the following shall be
inserted:----
“In case of minor minerals, if”
31. In rule 237, clause (i) shall be deleted
and clauses (ii) and (iii) shall respectively be renumbered as (i) and (ii).
SECRETARY TO GOVBERNMENT OF THE
INDUSTRIES, MINES AND MINERALS DEPARTMENT 79
NO. DG (M&M)/DEV.CDN (56)/2002
DIRECTORATE GENERAL OF MINES & MINERALS
Dated
To
1)
The Director (SMA/T), Headquarters‘ Office,
2)
The Director (Licensing), Headquarters‘ Office,
3)
The Director (Information), Headquarters‘ Office,
4)
The Director (R/Mapping), Headquarter‘s Office, Lahore.
5)
The Director (Admn.), Headquarter‘s Office, Lahore.
SUBJECT:
NOTIFICATION OF RATE OF FEES/RENT UNDER THE
RULES, 2002. ______
Please find enclosed the Industries, Mines & Minerals Department
Government of
the Punjab‘s notification No.V (I&MD)
6-1/96 dated 09.05.2003 on the above subject for
information and further necessary action.
Sd/-
(MUHAMMAD IQBAL)
ASSISTANT DIRECTOR (P&C)
FOR DIRECTOR GENERAL OF MINES & MINERALS
PUNJAB,
Endst.No. & Date Even
A
copy is forwarded for information and necessary action to:-
1.
The Deputy Director (SMA/T),
2.
The Deputy Director (M&M),
3.
The Deputy Director (SMA/T),
4.
The Deputy Director (M&M),
5. The
Deputy Director (M&M), D.G. Khan Region, Dera Ghazi Khan.
6.
The Deputy Director (M&M),
7.
The Deputy Director Environment Facilitation, Headquarter‘s Office,
Lahore.
8.
The Assistant Director Mines & Minerals, Chakwal.
9. The
Assistant Director Mines & Minerals, Mianwali.
10.
The Assistant Director Mines & Minerals, Chiniot.
11.
The Assistant Director
12.
The Assistant Director Mines & Minerals,
13.
The Assistant Director Mines & Minerals, Sahiwal.
14.
The Assistant Director Mines & Minerals, Attock.
15.
The Deputy Director (Accounts) Headquarter‘s Office, Lahore. 80
16.
The Deputy Director (Major Minerals) Headquarter‘s Office, Lahore.
17.
The Mineral Development Officer (MC Branch), Hqr‘s Office, Lahore.
18.
The Mineral Development Officer (ML-I Branch), Hqr‘s Office, Lahore.
19.
The Accounts Officer (Minor Minerals) Hqr‘s Office, Lahore.
20.
The Accounts Officer (Major Minerals) Hqr‘s Office, Lahore.
21.
The Superintendent (ML-I Branch), Hqr‘s Office, Lahore.
22.
The Superintendent (ML-II Branch), Hqr‘s Office, Lahore.
23.
The Superintendent (Admn. Branch), Hqr‘s Office, Lahore.
24.
The Superintendent (Appeal Branch), Hqr‘s Office, Lahore.
25.
The Superintendent (PL Branch), Hqr‘s Office, Lahore.
26.
The Survey and Drawing Officer, Hqr‘s Office, Lahore.
27.
The Assistant Director (Major Minerals), Hqr‘s Office, Lahore.
(MUHAMMAD IQBAL)
ASSISTANT DIRECTOR (P&C)
FOR DIRECTOR GENERAL OF MINES & MINERALS
PUNJAB,
NO.PA DIRECTORATE OF MINES & MINERALS
PUNJAB,
DATED
To
1.
The Deputy Director (Small Scale Mining), 51-Civil Lines Kutchary Road,
2.
The Deputy Director (Mines & Minerals),51-Civil
3.
The Deputy Director (Small Scale Mining)
Industrial Area I/9 Sector,
4.
The Deputy Director (Mines & Minerals) Industrial Area I/9 Sector,
5.
The Deputy Director (Small Scale Mining), Plot No.9 Divisional Complex,
D.G Khan.
6.
The Assistant Director (Mines & Minerals), District Complex,
Chakwal.
7.
The Assistant Director (Mines & Minerals), 7/8-A Muslim Colony,
Mianwali.
8.
The Assistant Director (Mines & Minerals),
9.
The Assistant Director (Mines & Minerals), Chiniot.
10.
The Assistant Director (Mines & Minerals),
11.
The Assistant Director (Mines & Minerals),Sahiwal.
12.
The Assistant Director (Mines & Minerals), Attock.
SUBJECT:
RATIONAL DISTRIBUTION OF WORK LOAD RELATING SMALL MINING ASSISTANCE
DIVISION AMONGST FIELD OFFICES AND
HEADQUARTER OFFICE.
The
Small Scale Mining chapter of the Punjab Mining Concession Rules, 2002 broadly
classify
working/functions of Small Mines Assistance
Division into two categories i.e. technical and
regulatory. In order to introduce a rational
distribution of workload amongst the field offices and
the headquarter office to develop an
efficient mechanism utilizing existing resources and to
augment public convenience at the local
level, I have been directed to advise you that in future as
a policy matter all matters relating to rule
127, 129, 136,137, 138, 139, 140, 147, 148, 149,
150,151, 152, 153, 157, 158, 169, 161, 164,
167, 170, 171, 174 and 184 of
Concession Rules, 2002 shall be processed by
the field offices independently on their files for the
orders of Licensing Authority. The field
Offices shall send a copy of the decision made by the
Licensing Authority to the relevant section
of the Headquarter Office to be placed in the main
record of the Headquarter Office. The above
instruction small scale mining.
(IRSHAD ALI KHOKHAR)
DIRECTOR (SMALL MINES ASSISTANCE)
Copy to:
1. PA
to Director General of Mines & Minerals,
15.03.2003 (copy enclosed).
2.
Assistant Director (P&C) Headquarters‘ Office,
(IRSHAD ALI KHOKHAR)
DIRECTOR (SMALL MINES ASSISTANCE)
82
GOVERNMENT OF THE
INDUSTRIES, MINES & MINERALS
DEPARTMENT
DATED
May,
2003.
NOTIFICATION
No. V(IM&M)6-1/96 In exercise of the powers conferred upon him
under the provisions of the
Punjab Mining Concession Rules, 2002 and in
suppression of this Department‘s Notification
No.V(IM&MD)6-1/86 dated 28.03.2002, the
Governor of the
following rates of fee/rent under the rule
indicated against each:
|
Rule No. |
Description of Fee/Rent |
Prescribed Rate |
|
96(1)(a) |
Application Fee |
Rs. 2000/- (Rupees two thousand only) both for a mining lease or a
prospecting licence. |
|
96(1)(d) |
Cost of Plans |
Rs.500/- (Rupees five hundred only). |
|
100(2) |
Inspection Fee |
Rs. 100/- (Rupees hundred only). |
|
109(1) |
Assignment Fee |
Rs. 5, 000/- (Rupees five thousand only) for coal and Rs. 2000/-
(Rupees two thousand only) for other minerals. |
|
110(1) |
Security |
Rs. 1000/- (Rupees one thousand only) for prospecting licence. Rs. 10/-(Rupees ten only) per acre subject to minimum of Rs. 5000/-
(Rupees five thousand only for mining lease of coal. f) Rs. 3000/- (Rupees
three thousand only) for mining lease of other minerals. |
|
126(1) |
Annual Fee |
Rs. 3/- (Rupees three only) per acre per annum. The fee shall be
enhanced by 50% over the last fee paid each time the license renewed. The fee shall be paid in advance for each year of renewal of
prospecting license. |
|
135 |
Dead Rent |
Rs. 10/- (Rupees ten only) per acre per annum for coal and limestone
and Rs.4/- (Rupees four only) per acre per annum for other minerals. |
|
185(1) |
Appeal Fee |
Rs. 1000/- (Rupees one thousand only). |
|
185-(A) |
Revision Fee |
Rs. 1500/- (Rupees one thousand five hundred only). |
(SHAHID RASHID)
Secretary, Industries, Mines & Minerals Department
Endst. No. & Date even.
A copy is forwarded to:---
1) All Administrative Secretaries
to the Government of the
2) All District Coordination
Officers in the
3) All Executive District
Officers (Revenue) in the
4) All Heads of Attached
Departments in the
5) The Director General, Mines
& Minerals, Punjab,
Sd/-
(ATTA ULLAH KHALID)
SECTION OFFICER (MINES & MINERALS)-I
Endst. No. & Date Even.
A copy is forwarded to the Superintendent, Government Printing Press,
200 copies of the aforesaid issued of the Gazette may please be supplied
for official use.
Sd/-
(ATTA ULLAH KHALID)
SECTION OFFICER (MINES & MINERALS)-I
The Regulation of Mines and
Oil-Fields and Mineral Development [(Government Control)] Act, 1948
The Compressed Natural Gas
(CNG) (Production and Marketing) Rules, 1992
The Liquefied Petroleum Gas
(Production and Distribution) Rules, 1971
The North-West Frontier
Province Mining Concession Rules, 2005
The Sindh Mining Concession
Rules, 2002
The Balochistan Mineral Rules, 2002
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| LL. B. – III | LL. B.
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