SINDH (PROHIBITION OF TAKING MINERALS INCLUDING RETI (SAND) AND BAJRI FROM ANY LAND) ACT, 2003.

PROVINCIAL ASSEMBLY OF SINDH

N O T I F I C A T I O N

Karachi, the 23rd October, 2003

NO.PAS/LEGIS-B 6/2003- The Sindh (Prohibition of taking minerals including reti (sand) and Bajri from any land) Bill, 2003 have been passed by the Provincial Assembly of Sindh on 18th September, 2003 and assented to by the Governor of Sindh on 4th October, 2003, is hereby published as an Act of Legislature of Sindh.

THE SINDH (PROHIBITION OF TAKING MINERALS INCLUDING RETI (SAND) AND BAJRI FROM ANY LAND) ACT, 2003.

SINDH ACT NO. IV OF 2003

(First published after having received the assent of the Governor of Sindh in the Gazette of Sindh (Extra-Ordinary) dated 23rd October, 2003).).

 AN ACT

to provide for the prohibition of taking mineral including reti (sand) and bajri from any land by excavation or otherwise, in the Province of Sindh.

Preamble WHEREAS it is expedient to provide for prohibition of taking minerals including reti (sand) and bajri from any land by excavation or otherwise, in the Province of Sindh, and provide for matters connected therewith or ancillary thereto;

It is hereby enacted as follows:-

1.Short title and commencement         (1)       This Act may be called the Sindh (Prohibition of taking minerals including reti (Sand) and bajri from any land) Act, 2003.

(2)       It shall come into force at once.

2.  Definitions      In this Act, unless there is any thing repugnant in the subject or context. (a)    “Government” mean the Government of Sindh;

(b)       “land” include the land beneath water and subsoil of land; and

(c)       “rules” means rules made under this Act.

3.Restriction on taking minerals including reti (sand) and bajri        Except with the prior sanctions of Government, no person shall take minerals including reti (sand) and bajri from any land by excavation or otherwise.

Provided that no sanction shall be accorded if it adversely affects the Topography, Archaeology, Ecology and Environment of that area

4. Punishment       Whosoever contravenes any of the provisions of this Act shall on conviction, be punishable-

(a)       in the case of first conviction with imprisonment which may be extend to three months and fine, not exceeding ten thousand rupees; and

(b)       in the case of any subsequent conviction with imprisonment which may extend to one year and fine, not exceeding twenty thousand rupees

5.Cognizance	No court shall take cognizance of any offence under this Act except on a complaint in writing by any officer authorized by Government.
6.Indemnity	No suit prosecution or other legal proceeding shall lie against any person for any thing which is in good faith done or intended to be done under this Act.
7.Rules	Government may by notification in the official Gazette, make rules for carrying out
	the purpose of this Act.
8.Repeal	The Sindh (Prohibition of taking Minerals including reti (sand) bajri from any land)
	ordinance, 2003 is hereby repealed.

                                                      BY ORDER OF THE SPEAKER

PROVINCIAL ASSEMBLY OF SINDH

HADI BUX BURIRO

 SECRETARY

PROVINCIAL ASSEMBLY OF SINDH