The
Regulation of Mines and Oil-fields and Mineral Development
[(Government 1Control)] Act, 19482
(XXIV OF 1948. 3)
[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 1Control) Act, 1948.
4[(2) It extends to the whole of Pakistan.]
(3) It shall come into
force on such date5 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]6 shall have power to make7 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 8[appropriate Government]
may, by notification in the official gazette, make rules accordingly.
3.
Penalties.— In making any rule under
the preceding section the 8[appropriate 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 notwith- standing
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 8[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.
96. 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”.
1
Subs by
President’s Order No.1 of 1964, Art and Such. PLD 1965 Central Statues 17, 27.
2
PLD 1949 Central Act 109.
3
For Statement of Objects and Reasons, see Gazette of Pakistan, year,
1948, Part V (Page 127).
4
The Act
has been-
(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.
5
st
The
1 June,1949 see Gazette of Pakistan,
1949, Part 1, page 246.
6
Subs. by President’s Order No.1 of 1964, Art. 2 and Sch. PLD 1965
Central Statutes 17,27
7
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 160 , supra.
8
PLD 1965
Central Statutes P. 7 and 17.
9
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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