The Punjab Mining Concession Rules, 2002
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 Pakistan
(v)
“Department” means
the Department of Industries, Mines and Minerals Government of the Punjab ;
(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 Pakistan
(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 Punjab ;
(xiv) “Governor” means the Governor of the Punjab ;
(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. Punjab
or an authority to whom powers have been delegated by Government;
(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 Punjab ;
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 Pakistan
(c) carry out training programmes in order to
encourage and promote the development of citizens of Pakistan
(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 Pakistan
(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 Punjab
t grant the application.
(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 Punjab
to grant such licence;
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 Punjab to grant such licence;
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 Pakistan
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 Punjab
without having been dealt with as provided in paragraph (a) or (b) prior to
export.
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 Pakistan ,
or a company formed by or under a law for the time being in force in Pakistan whose entire share capital is
beneficially owned by citizen of Pakistan
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
Pakistan
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 Pakistan
(a) to meet the internal requirements of Pakistan
(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 Pakistan
in his organization in all grades and in all branches including technical and
administrative personnel and to arrange for the training in Pakistan or abroad of the nationals of Pakistan Pakistan
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, Punjab shall act
as Secretary of the Auction Committee, hereinafter called “Secretary”.
(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, Punjab .
(2) The
Director General, Mines and Minerals, Punjab
may, pending the decision of the appeal, 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, Punjab in his official capacity, failing which the
application shall stand dismissed.
(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, Punjab in his official capacity, failing which applicant
shall stand dismissed.
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 Punjab
Mining Concession Rules, 1960.
II. The Punjab
Mining Concession Rules, 1986.
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 PUNJAB
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 Lahore ,
the 27th October, 2004
Notification.- No. SOT (M&MD) 8-15/90(Voll). The Government of the Punjab
is pleased to lay down the following financial qualifications and other terms
and conditions for grant of six mining leases for rock salt exclusively for
export purposes through open auction in pursuance of the provision of Rule 187
of the Punjab Mining Concession Rules, 2002.
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, Punjab on the
date & time stated in the press notice and under the supervision of the
following committee.
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, Punjab . The
successful bidder will have to deposit the remaining bid money/first
installment within 15 days of the issue of bid acceptance letter unless the
time is duly extended by the Licensing Authority. Provide that in case the bid
of an area exceeds Rs.2.00 million, the successful bidder will be required to
pay the balance amount in six equal yearly installments. Provided further that in case the bid of an
area exceeds Rs.5.00 million, the successful bidder will be required to pay the
balance amount in fifteen equal yearly installments.
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 Punjab
mining concession 2002.
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, Punjab .
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, Punjab under the
Punjab Mining Concession Rules 2002 and the Mines Act, 1923.
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 PUNJAB GAZETTE
PUBLISHED BY AUTHORITY
GOVERNMENT OF THE PUNJAB
INDUSTRIES, MINES AND MINERALS
DEPARTMENT
Dated Lahore , the
30th April, 2003.
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, Punjab
may, pending the decision of the appeal 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, Punjab in his official capacity, failing which the
application shall stand dismissed.
(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, Punjab in his official capacity failing which the
application shall stand dismissed.
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 PUNJAB
INDUSTRIES, MINES AND MINERALS DEPARTMENT 79
NO. DG (M&M)/DEV.CDN (56)/2002
DIRECTORATE GENERAL OF MINES & MINERALS
Dated Lahore ,
the 2003.
To
1) The
Director (SMA/T), Headquarters‘ Office, Lahore .
2) The
Director (Licensing), Headquarters‘ Office, Lahore .
3) The
Director (Information), Headquarters‘ Office, Lahore .
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 PUNJAB MINING CONCESSION
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, LAHORE .
Endst.No. & Date Even
A copy is
forwarded for information and necessary action to:-
1. The
Deputy Director (SMA/T), Rawalpindi Region, Islamabad .
2. The
Deputy Director (M&M), Rawalpindi Region, Islamabad .
3. The
Deputy Director (SMA/T), Sargodha Region, Sargodha .
4. The
Deputy Director (M&M), Sargodha Region, Sargodha .
5. The
Deputy Director (M&M), D.G. Khan Region, Dera Ghazi Khan.
6. The
Deputy Director (M&M), Lahore Region, Lahore .
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 Mines & Minerals,, Bahawalpur .
12. The
Assistant Director Mines & Minerals, Sialkot .
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, LAHORE .
NO.PA DIRECTORATE OF MINES & MINERALS
PUNJAB, LAHORE .
DATED Lahore the
17 March, 2003.
To
1. The
Deputy Director (Small Scale Mining), 51-Civil Lines Kutchary Road, Sargodha .
2. The
Deputy Director (Mines & Minerals),51-Civil Lines
Kutchary Road, Sargodha .
3. The
Deputy Director (Small Scale Mining)
Industrial Area I/9 Sector, Rawalpindi
Region,
4. The
Deputy Director (Mines & Minerals)
Industrial Area I/9 Sector, Rawalpindi
Region,
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), Bahawalpur .
9. The
Assistant Director (Mines & Minerals), Chiniot.
10. The
Assistant Director (Mines & Minerals), Sialkot .
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 Punjab Mining
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, Punjab
with reference to orders dated
15.03.2003 (copy enclosed).
2. Assistant
Director (P&C) Headquarters‘ Office, Lahore
for information and record.
(IRSHAD ALI KHOKHAR)
DIRECTOR (SMALL MINES ASSISTANCE) PUNJAB .
82
GOVERNMENT OF THE PUNJAB
INDUSTRIES, MINES & MINERALS
DEPARTMENT
DATED Lahore , the
9th
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 Punjab is pleased to prescribe
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 Punjab .
2) All District Coordination Officers in the Punjab .
3) All Executive District Officers (Revenue) in
the Punjab .
4) All Heads of Attached Departments in the Punjab .
5) The Director General, Mines& Minerals,
Punjab, Lahore for information and necessary
action
Sd/-
(ATTA
ULLAH KHALID)
SECTION
OFFICER (MINES & MINERALS)-I
Endst.
No. & Date Even.
A copy is
forwarded to the Superintendent, Government Printing Press, Lahore for
publication of the above notification in the Extra Ordinary issue of the Punjab gazette immediately.
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
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