The Regulation of Mines and
Oil-Fields and Mineral Development [(Government Control)] Act, 1948
(XXIV OF 1948)
[8th January, 1949]
An
Act
to make provision for certain matters connected with the
regulation of mines and oil-fields and mineral development.
WHEREAS it is expedient to make provision for
certain matters connected with the regulation of mines and oil –fields and
minerals developments under government control;
AND WHERAS it appears to the Central Government
to be expedient in the public interest to make such provision to the extent
hereinafter appearing;
It is hereby enacted as follows:---
1. Short titles, extent and
commencement.— (1) This Act may be called The Regulation of Mines and Oil fields
and Mineral Development (Government Control) Act, 1948.
[1][(2) It extends to the whole of Pakistan
(3) It shall come into force on such date[2] as the Central Government may, by
notification in the official Gazette, appoint in this behalf.
2. Power to make rules.- It is hereby declared to be expedient
in the public interest that the [appropriate Government][3] shall have power to make[4] rules to provide for all or any of
the following matters, namely:---
(1) the manner in which and the authority to whom,
application for the grant or renewal of an exploration or prospecting license,
a mining lease or other mining concession shall be made, and the prescribing of
the fees to be paid on such application;
(2) the condition in accordance with which the grant or
renewal of an exploration or prospecting licence, a mining lease or other
mining concession may be made and the prescribing of forms for the execution or
renewal of such licence, lease and concession;
(3) the circumstances under which renewal of a licence,
lease or concession as aforesaid may be refused, or any such license, lease or
concession weather granted or renewed may be revoked;
(4) the determination of the rates at which, and the
condition subject to which, royalties, rents and taxes shall be paid by
licensees, lessees and grantees of mining concessions;
(5) the refinement of ores and mineral oils;
(6) the control of production, storage and distribution of
minerals and mineral oils;
(7) the fixation of the prices at which minerals and
mineral oils may be bought or sold; and
(8) any matter ancillary or incidental to the matters set
out in the foregoing clauses of the section;
and the [5][appropriate Government] may,
by notification in the official gazette, make rules accordingly.
Government] may direct that any breach of that rule shall
be punishable with imprisonment for a term which may extend to three years, or
with fine, or with both.
4. Effect of rules, etc.,
inconsistent with other enactments.— Any rule made under this Act, and any order made under any such
rule, shall have effect notwithstanding anything inconsistent therewith
contained in any enactment or in any instrument having effect by virtue of an
enactment other than this Act.
5. Power to exempt.— The [7][appropriate
Government] may, by notified order, declare that any mineral or mineral-oil or
any class or description thereof shall be exempt from all or any of the
provisions of the rules made under this Act , or that such provisions shall
apply thereto with such modification or subject to such conditions as may be
specified in the order.
[8]6. Definition of appropriate Government.— In
this Act, “appropriate Government” means, in relation to the mines of nuclear
substances, oil-fields, and gas fields, and development of such substances,
mineral oil and gas, the Central Government and, in relation to the other mines
and mineral development, the Provincial Government”.
(i) applied to Baluchistan , see
Gazette of Pakistan, 1949, Part 1, page 408;
(ii) applied in the Federated Areas of Baluchistan, see ibid.,
Extraordinary 1950, page 512’
(iii) extended to the Leased Areas of Baluchistan, see the Leased
Areas (Laws) Order,1950 (Governor-General’s Order No.3 of 1950);
(iv) applied to the Excluded Areas of West Pakistan, with effect
from the 21st March, 1956 see Gazette of West Pakistan, 1956,
Extraordinary, page 239’
(v) applied to the Special Areas of West Pakistan, with effect
from the 22nd March,1959, see Gazette of West Pakistan,
1959, Extraordinary, page 243.
It has been extended to-
(a) The Baluchistan States Union, see the Baluchistan
States Union (Federal Laws) (Extension) Order, 1953
(Government-General’s Order No.4 of 1953);
(b) the Khairpur State, see the Khairpur (Federal Laws)
(Extension) Order 1953 (Government-General’s Order No.5 of
1953).
(c) the State of Bahawalpur, see the Bahawalpur
(Extension of Federal Laws) Order 1953 (Governor-General’s Order
No.11 of 1953).
The Act has been and shall be deemed to have been brought into
force in Gwadur with effect from the 8th
September,1958, by the Gwadur (Application of Central Laws)
Ordinance, 1960 (37 of 1960), section 2.
(4) Substituted by the Central Laws (Statute Reform)
Ordinance,1960 (21 of 1960), section 3 and Second Schedule.
[4] For the Pakistan Petroleum (Production) Rules,1949, see
Gazette of Pakistan, 1949 Extraordinary, pages 501-552;
For the Natural Gas Rules,1960 see Gazette of Pakistan, 1960,
Extraordinary, pages 919-956; and
For the Pakistan Mining Concession
Rules,1960 see Gazette of Pakistan. Extraordinary 1960, pages 1107-1166 and
also see pages 1-60, supra.
[8] As on Page 19 Added by President’s Order No. 1 of Art. 2, and Sch.
PLD 1965 Central 17,27
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