THE PUNJAB MINOR
MINERAL (CANCELLATION OF LEASES) ORDINANCE, 1977
[14th
June, 1977]
An
Ordinance
to provide for the
cancellation of certain mining leases of Minor Minerals.
Preamble.— Whereas
it is in the public interest to make provision for the cancellation of certain
leases of Minor Minerals;
And Whereas the
Provincial Assembly of the Punjab is not in Session and the Governor of the
Punjab is satisfied that circumstances exist which render immediate legislation
necessary;
Now, therefore,
in exercise of the powers conferred on him by Clause(1) of Article 128 of the
Constitution of the Islamic Republic of Pakistan, 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 Minor
Mineral (Cancellation of Leases) Ordinance,1977.
(2)
It shall extend to the Province of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
In this Ordinance, unless the context otherwise requires:(a) “Director” means Director of
Industries and Mineral Development, Punjab;
(b)
“Government” means the Government of the Punjab;
(c)
“Minor Minerals” mean ordinary sand, ordinary stone and
gravel and shall include the limestone aggregate; and
(d)
“Lease” means lease of a minor mineral subsisting
immediately before the commencement of this Ordinance.
3.
Cancellation
of Lease.— (1) Notwithstanding anything to the contrary contained in any
law for the time being in force, the Pakistan Mining Concession Rules,1960, as
applicable to the Province of the Punjab, custom, usage, order of any court,
lease deed or agreement, but subject to the provisions of sub-section (2) all
leases of minor minerals granted by any officer or authority, other than the
Deputy Commissioner through open auction in pursuance of the provisions of the
Government of the Punjab, Industries and Mineral Development Department
Notification No. V-132 /72, dated 26.6.1973, shall stand terminated with
immediate effect.
(2)
Nothing contained in sub-section(1), shall apply to the
lease granted to Federal or Provincial Government Department or a body
established by or under a Provincial or Federal Law:
Provided that where such a Department or a body has sublet
the lease, it shall also stand terminated.
4.
Payment of
Compensation.— (1) A Lessee whose lease is cancelled under section 3 of this
Ordinance, shall be paid by Government such compensation in respect of such
roads and buildings, if any, constructed by him, as in the opinion of the
Director, were necessary for carrying out the mining operations, as the
Director may determine.
(2)
The Government may, on its own motion or on the
application of a lessee made within a period of one month from the receipt of
intimation of determination of compensation by the Director, call for and
examine the record of the proceedings regarding determination of compensation
for the purposes of satisfying it as to the correctness, legality or propriety
of any finding or order recorded or passed and after hearing the lessee pass
such order as it may deem just and fit.
(3)
Subject to the order of the Government, the decision of
the Director under subsection (1), and the order of the Government made under
sub-section (2), shall be final and conclusive and shall not be called in
question in any court, or before any officer or authority.
[1] PLD 1977 Punjab
Statutes, P. 80, See also Pb. Govt. Extra Ord Gazette dated Twelfth April 1977,
pp 563-64
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