1THE PUNJAB MINERALS (CANCELLATION OF
SAND LEASES IN RESTRICTED AREAS) ORDINANCE, 1984
( VII OF 1984)
[20 September
1984]
An
Ordinance
to provide for cancellation of
sand leases in certain areas of the Province of Punjab.
Preamble.— Whereas
it is expedient to provide for cancellation of sand leases in certain area of
the Province of the Punjab in the manner hereinafter appearing.
NOW, THEREFORE, in pursuance of the Proclamation of
the 5th day of
July,1977, read with the Laws (Continuance In Force) Order, 1977 (CMLA Order
No. of 1977) and the Provisional Constitution Order, 1981 (CMLA Order No.1 of
1981), the Governor of the Punjab is pleased to make and promulgate the
following Ordinance: -
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Punjab
Minerals (Cancellation of Sand Leases in Restricted Areas) Ordinance,1984. (2)
It shall extend to the Province of Punjab
(3) It
shall come into force at once.
2.
Definitions.— In this Ordinance, unless the context otherwise
requires: (1) “Authority”
means the Authority competent to grant a lease under Rules:
(2)
“Government” means Government of the Punjab:
(3)
“Sand Lease” means a mining lease of Ordinary
sand granted under the Rules:
(4)
“Restricted area” means---
(a)
the entire width of the river Ravi for a
distance of two miles upstream and two miles downstream from the Shahdara
Railway Bridge:
(b)
any other area notified by Government as a
restricted area within a radius of 1500 ft. from any part of---
(i)
a flood bund along a river or a water channel or
of a spur projecting into a river:
(ii)
any irrigational work;
(iii)
a defence installation;
(iv)
any other public work;
(v)
an historical monument or work of archaeological
importance; (vi) a residential or commercial locality; and (vii) reserved
forest.
(5)
“Rules” means the Pakistan Mining Concession
Rules, 1960 issued under the Regulation of Mines and Oilfields and Mineral
Development (Government Control) Act,1948.
3.
Cancellation.— (1) Notwithstanding anything to the contrary
contained in any law for the time being in force or in any agreement, lease
deed, decree or order of any Court, Government may, by notification in the
official gazette; cancel or terminate any sand-lease within a restricted area.
(2)
Any action taken or order passed under
Sub-section (1) shall not be called in question in any court or before any
officer or Authority.
(3)
No person, after the issuance of a notification
under sub-section shall carry on or allow any other person on his behalf to
carry on any operation under the sand lease which has been cancelled under
sub-section (1).
4.
Payment of
compensation.— (1) When a lease has been
cancelled under section 3, the lessee shall subject to availability, be offered
an alternative area outside the restricted area and if the same is acceptable
to the lessee, a fresh lease shall be granted to him on such terms and
conditions as may be determined by the Authority.
Provided that if
the lessee does not avail himself of this offer within a period of fifteen
days, he shall be considered to have surrendered his right to the substituted
or alternative lease.
(2)
If a fresh lease is granted to the lessee under
sub-section (1), the lease money, if any, paid by the lessee in respect of the
cancelled lease proportionate to the unutilized period of the lease, shall be
adjusted towards the fresh lease.
(3)
Where a lessee had paid the lease money for a
specified period and that period or part thereof is still unexpired on the date
of cancellation of his lease and no fresh lease has been granted to him under
sub-section (1) he shall be entitled to the refund of his lease money
proportionate to the unutilized period of the lease.
(4)
Where a lessee has constructed any road or
building for the purpose of carrying on operations under the lease which has
been cancelled under section 3, he shall be paid such compensation in respect
of those roads and buildings as may be determined by the Authority.
(5)
Any person aggrieved by the decision of the
Authority under sub-section (4) may file an appeal to Government within a
period of one month from the date of the decision of the Authority and the
order of Government in this respect shall be final.
5.
No lease in
restricted area.— No sand lease shall, hence
forth be granted in respect of any restricted area.
6.
Penalty.— Any person acting in contravention of the provisions
of this Ordinance shall be liable to simple imprisonment which may extend to
one year or with fine or both.
1 This
Ordinance was promulgated by the Governor of the Punjab on 18th September,
1984;and; Published in the Punjab Gazette ( Extraordinary) dated 20th
September,1984; pages 688-A to 688-B
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