PAKISTAN MINING CONCESSING RULES, 1960
[Amendments and substitutions]
(Punjab Gazette, Extraordinary, 20th October, 1973)
Notification No. V-1-36/73-1.— In exercise of the powers conferred by section 2 of the Regulation of Mines, Oil fields and Minerals, Development (Government Control) Act 1948 (XXIV of 1948) the Governor of the Punjab is pleased to direct that in the Pakistan Mining Concession Rules, 1960, in their application to the Province of the Punjab, the following amendments shall be made:–
1. In rule 8, for sub-section (2) the following shall be substituted:—
“(2) This register as well as the relevant index Map showing the areas granted to or applied for mining concessions by various applicants shall be open to inspection on payment of a fee of Rs.10 per hours”.
2. In rule 9,
(i) for sub-rule (3), the following shall be substituted:
“(3) Every application shall be accompanied by a non-refundable fee of:
(a) Rs.150 per mineral in case of application for a prospecting licence; and
(b) Rs.200 per mineral in case of application for a mining lease.”
(ii) at the end of sub-rule (4), the following sentence shall be added:
“The Licensing Authority may also prepare plans on payment of Rs.150 for ten copies”.
3. In rule 14, for the figures “50” the figures “200” shall be substituted.
4. For rule 37, the following shall be substituted:
“(1) The Licensee shall pay a fee of rupee one per acre of the land or a portion thereof covered by the licence during the first year of the licence. Subject to a maximum of Rs.9 per acre per year, this fee shall each time the licence is renewed under Rule 34 or Rule 35 be charged at double the rate.
(2) The annual fee shall be payable for each mineral separately even if the are under prospecting licence for different minerals is the same”.
5. For rule 78, the following shall be substituted:
“78. (1) If any person starts prospecting or mining of any mineral outside the area granted to him or any area for which he has not obtained a prospecting licence or mining lease in accordance with these rules or obstructs or directly or indirectly tries to interfere with the prospecting of mining operation by a Licensee or lessee, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Rs.20,000, or with both.
(2) If a Licensee or lessee contests an allegation that he is working outside the area granted to him under licence or lease, the Licensing Authority shall arrange a survey of the area in the course of which the Licensee or lessee or his authorized surveyor or representative shall be at liberty to be present. If as a result of the survey, the allegation is proved to the satisfaction of the Licensing Authority, the Licensee or lessee shall pay to the Government a sum of Rs.1,000 as cost of the survey in addition to the penalty that may be imposed for the illegal work.
(3) The Licensing Authority shall have the power to stop unauthorized work in such manner as it may deem fit and recover the sale price of the mineral so excavated from the person responsible for such unauthorized work.
“79. (1) The Licensing Authority shall maintain a list of suitable qualified Mine Surveyors who in its opinion are competent to carry out boundary demarcation, surveys, Mine Survey both underground and above ground, and to prepare plans required under these Rules.
Explanation.—For the purposes of these Rules, surveyors referred to in sub-rule (1) shall be known as Registered Mine Surveyors.
(2) A boundary demarcation certificate required under Rule 80 shall be accepted by the Licensing Authority has reason to believe that in the discharge of his duties a Registered Mine Surveyor and the prescribed certificate is signed by hi,
(3) If at any time the Licensing Authority has reason to believe that in the discharge of his duties a Registered Mine Surveyor has committed gross negligence or misconduct it may cancel the registration of such Surveyor.
(4) The purposes of registration of Mine Surveyors is to facilitate the operations and enforcement of these rules and not to confer any academic or professional qualification.
(5) The list to be maintained under sub-rule (1) shall be prepared out of candidates possessing such minimum qualification as may be prescribed by the Licensing Authority by Notification in the official Gazette from time to time. The application for registration shall be accompanied by a non refundable fee of Rs.50.
80. (1) A Licensee or lessee shall, within thirty days of the issue of a licence or lease, cause the area granted to him under such licence or lease to be accurately demarcated according to the survey data and submit a certificate on the prescribed form signed by a Registered Mine Surveyor of having carried out the said boundary demarcation by the said Surveyor to the best of his ability and in accordance with the relevant survey boundary.
(2) On receipt of a certificate prescribed in sub-rule (1), the Licensing Authority may cause the boundary demarcation physically checked by a competent official. If necessary, this official may with the prior permission of the Licensing Authority, make any correction it he demarcation survey of the Registered Mine Surveyor. If after having given reasonable opportunity to a Registered Mine Surveyor to explain his conduct, the Licensing Authority is satisfied that the surveyor has in the discharge of his work committed gross negligence it may take action under the provisions of sub-rule (3) of rule 79.
(3) A Licensee or lessee shall deposit a sum of Rs.300 for meeting the expenses of the checked survey referred to in sub-rule (2) in the head of account notified by the Licensing Authority in this behalf. In case a Licensee or lessee himself requests the Licensing Authority to demarcate his area officially, he shall have to pay a sum of Rs.1,000 as fee for demarcation.
(4) No Licensee or lessee shall unless permitted in writing by the Licensing Authority, commence prospecting or mining operations in the area granted to him under licence or lease and the written permission so granted shall be known at “Work Order”.
(5) No “Word Order” shall be issued unless the demarcation certificate required under sub-rule (1) is submitted to the Licensing Authority and accepted by it.
(6) In case of boundary dispute between two or more licensees or lessees that dispute shall be referred to the Licensing Authority whose decision thereon shall be final.”
PAKISTAN MINING CONCESSING RULES, 1960
[Addition of sub-rule (2) in rule 78]
(Sindh Gazette, Part IV-A, 6th December, 1973)
Notification No. S.O. III/13/71.— In exercise of the powers conferred by section 2 and 3 of the Regulation of Mines, Oil fields and Minerals, Development (Government Control) Act 1948 (XXIV of 1948) the Government of Sindh is pleased to make following amendment in the Pakistan Mining Concession Rules, 1960, as applicable to Sindh:
Rule 78 shall be renumbered as sub-rule (1) of that Rule and after the sub-rule (1) the following shall be added as sub-rule (2):
“(2) If any person extracts unauthorizedly or conceals any quantity of mineral by furnishing false returns or otherwise, he shall be liable to pay the actual sale proceeds of the mineral so extracted or concealed or the assessed value thereof to the Licensing Authority within seven days from the date or receipt of notice issued by the Licensing Authority, failing which he shall be punishable with imprisonment which may extend to six months or with fine equal to an amount of four times of assessed value of the mineral so extracted or concealed or with both”
PAKISTAN MINING CONCESSING RULES, 1960
(Sindh Ga., Extra Pt. IX-A, 12.6.1974)
Notification No. S.O. III/13-55/78 (B).— In exercise of the powers conferred by section 2 of the Regulation of Mines, Oil fields and Minerals, Development (Government Control) Act 1948 (XXIV of 1948) the Government of Sindh are pleased to make following amendments in the Pakistan Mining Concession Rules, 1960, as applicable to the Province of Sindh:
Wherever an expression mentioned in the first column of the law occurs, except in the preamble, title and Rule 14 there shall be substituted therefore the expression set opposite to it in column 2 of the said table.
President of Pakistan. Governor of Sindh
Central Government. Government of Sindh
Central Government of Pakistan Government of Sindh
2. In Rule 77, for the word “Ministry” the word “Department” shall be substituted.
Notification No. MIN: DEV”/13-67-76. (Sinch Gaz. Pt. IV-A,16.11.78).— In exercise of the powers conferred by section 2 of Mines and Oil fields and Minerals, Development (Government Control) Act 1948 (XXIV of 1948) the Government of Sindh are pleased to make following amendment in the Pakistan Mining Concession Rules, 1960, as applicable to the Province of Sindh:
In Rule 9, after sub-rule (5), the following sub-rule (5-A) shall be inserted:–
“(5-A) In case of mining lease of surface minerals, the Licensing Authority may, in relation to the place sought to be acquired by way of lease, require any applicant before the lease is granted to him, to furnish a certificate of occurrence therein, of the mineral from a qualified geologist in the form prescribed by the authority”.