SCHEDULE-VII

BALOCHISTAN MINERAL RULES, 2002 BALOCHISTAN MINERAL RULES, 2002 [Gazette of Balochistan, Extraordinary, 9th March, 2002] No. S.O.(MR)4-6/2002, dated 8-1-2002.--In exercise of the powers conferred by section 2, of the Regulation of Mines and Oil-Fields and Mineral Development (Government Control) Act, 1948, (XXIV of 1948) the Government of Balochistan is pleased to make the flowing Rules:-- SEVENTH SCHEDULE APPLICATION FORMS A-K Form A THE BALOCHISTAN MINERAL RULES, 2002 Application for a Reconnaissance Licence by a Company (Rules 10 and 18) To: The Licensing Authority Date and Hour of receipt at Licensing Authority's office. ------------------------------------------------------- ----------------------------- Signature of Receiving Officer Information to be supplied by applicant. Where information cannot be fitted on form, to be included as attachment. PARTICULARS OF COMPANY 1. Name of applicant. 2. Date and particulars of incorporation. 3. Date and particulars of registration. 4. Registered address. 5. Principal lace of business. 6. Office or address in Balochistan at which notices etc. may be served and name/designation of representative or agent in Balochistan. 7. Nature of business. 8. Amount of authorised, subscribed, issued and paid up capital. 9. If the company has a share capital, state the full name, address and nationality of any person who has the controlling interest in the affairs of the company and any person who is a beneficial owner of more than five percent of the issued share capital. (Note: Attach full information) 10. Full names, nationalities and addresses of all Directors. Note:-Attach full information) 11. Full names, nationalities and addresses of Officers of the company. (Note:-Attach full information) 12. Give particulars of all mineral titles held or mines operated in Pakistan by the applicant whether alone, jointly (or through a subsidiary/affiliate) currently or during the ten years immediately preceding the date of application, or where no such titles or mines are or were held or operated, particulars of any current or previous involvement by the applicant or any affiliate/subsidiary of the applicant, in reconnaissance, exploration, or mining operations outside Pakistan. (Note: Attach full information) 13. State approximate size of the area for which application is made. (Note.-- size of area shall not exceed 10, 000 square kilometres or be less than 100 square kilometers) 14. State location and description of the area in terms required under Enclosure (i) below. 15. State mineral or group of minerals in respect of which a reconnaissance licence is sought. 16. State the period, not exceeding twelve (12) months; for which the reconnaissance licence is sought. 17. (a) State whether the applicant has previously made an application for a licence, lease or permit under the Rules. (b) If yes, state whether any such application was granted or refused or lapsed. 18. State whether the applicant has previously held any licence, permit or lease authorising reconnaissance or exploration or mining operations in Balochistan (or elsewhere) which has been surrendered, revoked or cancelled. 19. State whether the applicant has been convicted of any offences. If yes, give particulars. 20. State any other information (if any) or any special remarks. Enclosures to be attached with Application: (i) Five copies of a detailed topographical and geological description of the area of land to which the application relates, and five copies of a plan or map of such area drawn to a scale as required by the licensing authority showing: (a) its location with reference to magisterial districts; and (b) the extent of the area and the boundaries by reference to identifiable physical features and co-ordinate reference points; (Rule 18 (I) (d)). (ii) The programme of reconnaissance operations proposed to be carried on, the estimated expenditure in respect thereof and the period within which the operation will be carried on (Rule 18(I)(e)(i)); and in case of an application for an exclusive right referred to in Rule 16 (3), the reason for the application (Rule 18(e) (h)). (iii) A report containing particulars of the state of the environment in the area to which the application relates, including any existing damage to the environment, the anticipated effect and the likely adverse impact which the proposed reconnaissance operations may have on the environment, and measures to be taken to minimise, prevent or remedy any adverse effect to the environment including measures for the prevention of pollution, disposal of waste and the rehabilitation of land. a. Proposals for the control or elimination of any particular risks (whether to health, safety or otherwise) involved in the operations proposed to be undertaken. b. Proposals in respect of the matters specified in Rule 13(1)(b) to (h). c. Particulars of the applicant's technical and financial resources and those of any person to be engaged to provide such resources, together with supporting documentary evidence and copies of relevant contractual agreements; (Rule 18(1) (1)(vii) A copy of the Memorandum and Articles of Association of the company and an attested copy of the certificate of incorporation/registration of the company in Pakistan. (viii) Annual reports and audited financial statements of the company for the last three (3) years. (ix) The application, fee specified in the First Schedule to the Rules. (Rule 10(1)(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes or dues are outstanding against me/us in respect of any mineral title(s) held by me/us or by any company which is involved in a joint venture with me/us. Signed for and on behalf of ----------------(Company's name) by its duly authorized representative. Name:......................................................................... Designation.................................................................. Date................................................................ Forth B THE BALOCHISTAN MINERAL RULES, 2002 Application for an Exploration Licence by an Individual (Rules 10 and 26) To: The Licensing Authority Date and Hour of receipt at Licensing Authority's office .................................... ................ Signature of Receiving Officer Information to be supplied by applicant. Where information cannot be fitted on form, to be included as attachment. PARTICULARS OF AN INDIVIDUAL(S) 1. Full Name of applicant. 2. Nationality of applicant. 3. Date of birth. 4. Occupation of applicant. 5. Office or postal address in Balochistan at which notices etc. may be served. 6. Residential address. (State town, district and province) 7. Give particulars of all other mineral titles held or mines operated in Pakistan by the applicant whether jointly, currently or during the ten years immediately preceding the date of application, or where no such titles or mines are or were held or operated, particulars of any current or previous involvement by the applicant in reconnaissance, exploration, or mining operations outside Pakistan. 8. State approximate size of the area for which application is made. Note:- size of area shall not exceed 1,000 square kilometres 9. State location and description of the area in terms required under Enclosure (i) below. 10. State mineral or group of minerals for which an exploration licence is sought. 11. State the period, not exceeding three years, for which the exploration licence is sought. 12. (a) State whether the applicant has previously made an application for a licence, lease or permit under the Rules. (b) If yes, state whether any such application was granted or refused, or lapsed. 13. State whether the applicant has previously held any licence, permit or lease authorising exploration or mining operations in Balochistan (or elsewhere) which has been surrendered, revoked or cancelled. 14. State whether the applicant has been convicted of any offences. If yes, give particulars. 15. State any other information if any or any special remarks. Enclosure to he attached with Application: (i) Five copies of a comprehensive geological description of the area of land over which the licence is sought and five copies of a plan or map of such area drawn to a scale required by the licensing authority showing: (a) its location with reference to magisterial districts; (b) the extent of the area and the boundaries by reference to identifiable physical features and co-ordinate reference points; (Rule 16(1)(b) and (c)). (c) the potential for or nature of mineralisation (Rule 26(1) (c). (ii) The programme of exploration operations proposed to be carried on, the estimated expenditure in respect thereof and the period within which the operations will be carried on; (Rule 26(d)(i)). (iii) A report containing particulars of the state of the environment in the area to which the application relates, including any existing damage to the environment, the anticipated effect which the proposed exploration operations may have on the environment; and measures to be taken to minimise, prevent or remedy any adverse effect to the environment, including measures for the prevention of pollution, disposal of waste, and the, rehabilitation of land; Rule 16(d)(ii). (iv) Proposals for the control or elimination of any particular risks (whether health, safety or otherwise) involved in exploration operations proposed to be undertaken. (v) Particulars of the applicant's technical and financial resources to carry out the exploration operations and those of any person to be engaged to provide such resources, together with supporting documentary evidence and copies of relevant contractual agreements; (Rule 18(1)(f). (v) Proposals in respect of the matters specified in Rule 13(1)(b) to (h). The application fee specified in the First Schedule to the Rules (Rule 10()(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes or dues are outstanding against me/us in respect of any concession(s) titles or permits held by me/us or by any firm of which I/We have been partners. Dated this----------------------- day of----------------- 20 ----------------------- Signature of Applicant ----------------------- Designation THE BALOCHISTAN MINERAL RULES, 2002 Application for an Exploration Licence by a Company (Rules 10 and 26) To: The Licensing Authority Date and Hour of receipt at Licensing Authority's office. ------------------------------------------------------- ------------------------------- Signature of Receiving Officer" Information to be supplied by applicant. Where information cannot be fitted on form, to be included as attachment. PARTICULARS OF COMPANY 1. Name of applicant. 2. Date and particulars of incorporation. 3. Date and particulars of registration. 4. Registered address. 5. Principal place of business. 6. Office or address in Balochistan at which notices etc. may be served and name/designation of representative or agent in Balochistan. 7. Nature of business. 8. Amount of authorised, subscribed, issued and paid-up capital. 9. If the company has a share capital, state the full name, address and nationality of any person who has the controlling interest in. the affairs of the company arid any person who is a beneficial owner of more than five per cent of the issued share capital. (Note:- Attach full information) 10. Full names, nationalities and addresses of all Directors. (Note:-Attach full information) 11. Full names, nationalities and addresses of Officers of the company. (Note:- Attach full information) 12. Give particulars of all other mineral titles held or mines operated in Pakistan by the applicant whether jointly (or through a subsidiary/affiliate) currently or during the ten years immediately preceding the date of application, or where no such titles or mines are or were held or operated, particulars of any current or previous involvement by the applicant, or any; affiliate/subsidiary of the applicant, in. reconnaissance, exploration, or mining operations outside Pakistan. (Note:- Attach full information) 13. State approximate size of the area for which application is made. (Note:- size of area shall not exceed 1, 000 square kilometres) 14. State location and description of the area in terms required under Enclosure (i) below. 15. State mineral or group of minerals for which an exploration licence is sought. 16. State the period, not exceeding three years, for which an exploration licence is sought. 17. (a) State whether the applicant has previously made an application for a licence, lease or permit, under the Rules. If yes, state whether any such application was granted or refused, or lapsed, 18. State whether the applicant has previously held any licence, permit or lease authorizing exploration or mining operations in Balochistan (or elsewhere) which has been surrendered, revoked or cancelled. 19. State whether thee applicant has been convicted of any offences. If Yes, give particular. 20. State any other information (if any) or any special remarks. Enclosure to be attached with Application: (i) Five copies of a comprehensive geological description of the area of land over which the licence is sought and five copies of a plan or map of such area drawn to a scale required by the licensing authority showing: (a) its location with reference to magisterial districts; (Refer Rule 18(1)(d)) (b) the extent of the area and the boundaries by reference to identifiable physical features and co-ordinate reference points; (Rule 16(1)(h) and (c)). (c) the potential for or nature of mineralisation (Rule 16 (1)(c)(i)). (ii) The programme of exploration operations proposed to be carried on, the estimated expenditure in respect thereof and the period within which the operation will be carried on; (Rule 26 (1)(d)(i)). (iii) A report containing particulars of the state of the environment in the area to which the application relates, including any existing damage to the environment, the anticipated effect and likely adverse impact which the proposed exploration operations may have on the environment; and measures to be taken to minimise, prevent or remedy any adverse effect to the environment, including measures for the prevention of pollution, disposal of waste and the rehabilitation of land; (Rule 26(d)(ii)). (iv) Proposals for the control or elimination of any particular risks (whether health, safety or otherwise) involved in exploration operations proposed to be undertaken. (v) Particulars of the applicant's technical and financial resources to carry out the exploration operations and those of any person to be engaged to provide such resources, together with supporting documentary evidence and copies of relevant contractual agreements; (Rule 18(1)(f) and 16(1)(e). (vi) A copy of the Memorandum and Articles of Association of the company and an attested copy of the certificate of incorporation/registration of the company in Pakistan. (vii) Proposals in respect of the matters specified in Rule 13(1)(h) to (h). (viii) Annual reports and audited financial statements of the company for the last three (3) years. (xi) The application fee as specified in the First Schedule to the Rules (Rule 10(1)(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes or dues are outstanding against me/us in respect of any mineral title(s) held by me /us or by any company involved in a joint venture with me/is. Signed for and on behalf of---------------------(Company's name) by its duly authorised representative. Name:.............................................. Designation: ...................................... Date: ..................................... .. Form D THE BALOCHISTAN MINERAL RULES, 2002 Application for a Mineral Deposit Retention Licence By an Individual. (Rules 10 and 37) To: The Licensing Authority. Date and Hour of receipt at Licensing Authority's office. ------------------------------------------------------- ------------------------------- Signature of Receiving Officer: Information to be supplied by applicant. Where information cannot be fitted on form, to be included as attachment. PARTICULARS OF AN INDIVIDUAL 1. Full Name of applicant. 2. Nationality of applicant. 3. Date of birth. 4. Occupation of applicant. 5. Office or postal address in Balochistan at which notices etc. may be served. 6. Residential Address. (State, town, district and province) 7. Give particulars of all other mineral titles held or mines operated in Pakistan by the applicant whether jointly, currently or during the ten years immediately preceding the date of application, or where no such titles or mines are or were held or operated, particulars of any current or previous involvement by the applicant in exploration, or mining operations outside Pakistan. 8. State approximate size of the area for which application is made. (Note:- size of area shall not be greater than the exploration area concerned) 9. State location and description of the area in terms required under Enclosure (i) below. 10. State mineral or group of minerals to which the application relates. 11. State the period, not exceeding two (2) years for which the retention licence is sought. 12. (a) State whether the applicant has previously made an application for a licence, lease or permit under the Rules. (b) If yes, state whether any such application has been granted or refused, or lapsed. 13. State whether the applicant has previously held any licence, lease or permit, authorising prospecting exploration or mining operations in Balochistan (or elsewhere) which has been surrendered, revoked or cancelled. 14. Give reasons and documents in support of the claim that the mineral deposit discovered in the area of land to which the application relates could not then be mined on a profitable basis. 15. State whether the applicant has been convicted of any offences. If yes, give particulars. 16. Give a forecast of the circumstances in which and the earliest date on which the mineral or group of minerals discovered might be mined. 17. State the name of the person to whom the exploration licence relating to the area (in respect of which application is made for a retention licence) was granted. 18. If the applicant for a retention licence is the same person to whom the exploration licence was issued, state any change in circumstances of the person since the grant of the exploration licence. 19. Give details of any assignment/transfer relating to the exploration licence in respect of the area subject to the application for a retention licence. 20. State any other' information or any special remarks relevant to the application. Enclosures to be attached with Application: (i) Five copies of detailed topographical and geological description of the area of land to which the application relates and five plans or maps of such area drawn to a scale required by the licensing authority showing: (a) its location with reference to magisterial districts; and (b) the extent of the area and boundaries by reference to identifiable physical featured and co-ordinance reference points; (Refer Rule 18(1) (d) and Rule 37(1)(c)). (ii) Details of t4ie proven, estimated or inferred mineral reserves contained therein, and of the mining conditions pertaining thereto, (Refer Rule 37 (1) (d). (iii) The proposals for the carrying out of work in the exploration area and expenditure during the period of the retention licence in respect of which application is made. If no further work in or in relation to the exploration area could be usefully carried out the reasons therefore (Refer Rule 37 (1) (e) (i)). (iv) A Report containing particulars of the state of the environment in the area to which the application relates, including any existing damage to the environment, the adverse impact which operations carried on or to be carried on have had or may have on the environment and the measures taken or to be taken to prevent, mitigate or remedy such impact; (Refer Rule 37 (1) (e) (ii)). (v) Proposals for the control or elimination of any particular risks (whether health, safety or otherwise) involved in exploration operations carried out or proposed to be undertaken. (vi) Particulars of the applicant's technical and financial resources and those of any person to be engaged to provide such resources, together with supporting documentary evidence and copies of relevant contractual agreements; (Refer Rule 18 (1) (f)) and Rule 37(1)(f). (vii) Particulars of the exploration licence held by the applicant; (Refer Rule 37 (1) (9 (f)). (viii) Proposals in respect of the matters specified in Rule l3(1)(b) to (h). (ix) The application fee specified in the First Schedule to the Rules. (Rule 10(1)(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes or dues are outstanding against me/us in respect of any concession(s) titles or permits held by me/us or by any firm of which I/we have been partners. Dated this------------------------ day of --------------------- 20----------- Signed by: Name: ................................................... Designation: .......................................... THE BALOCHISTAN MINERAL RULES, 2002 Application for a Mineral Deposit Retention Licence by a Company (Rules 10 and 37) To: The Licensine Authority Date and hour of receipt at Licensing Authority's office. ------------------------------------------------------- ------------------------------- Signature of Receiving Officer Information to be supplied by applicant. Where information cannot be fitted on form, to be included as attachment. PARTICULARS OF COMPANY 1. Name of applicant. 2. Date and particulars of incorporation. 3. Date and particulars of registration. 4. Registered address. 5. Principal Place of business. 6. Office and address in Balochistan at which notices etc. may be served and name/designation of representative or agent in Balochistan. 7. Nature of business. 8. Amount of authorised, subscribed, issued and paid up capital. 9. If the company has a share capital, state the full name, address and nationality of any person who has the controlling interest in the affairs of the company and any person who is a beneficial owner of more than five per cent of the issued share capital. (Note: Attach full information) 10. Full names/nationalities and addresses of all the Directors of the company. Note:-Attach full in information), 11. Full names, nationalities and addresses of Officers of the company. (Note: Attach full information) 12. Give particulars of all mineral titles held or mines operated in Pakistan by the applicant whether alone, jointly, (or through a subsidiary/affiliate) currently or during the ten years immediately preceding the date of application, or where no such titles or mines are or were held or operated, particulars of any current or previous involvement by the applicant, or any affiliate or subsidiary of the applicant, in reconnaissance, exploration or mining operations outside Pakistan. 13. State approximate size of the area for which application is made. (Note:- size of area shall not be greater that the exploration area concerned). 14. State location and description of the area in terms required under Enclosure (i) below. 15. State the mineral or group of minerals to which the application relates. 16. State the period not exceeding two years for which the licence is sought. 17. (a) State whether the applicant has previously made an application for a licence, lease or permit. (b) If yes, state whether any such application was granted or refused or lapsed. 18. State whether the applicant previously held any licence, permit or lease authorising reconnaissance, exploration or mining operations in Balochistan (or elsewhere) which has been surrendered, revoked or ' cancelled. 19. Give reasons and documents in support of the claim that the mineral deposit discovered it the area of land to which the application relates could not then be mined on a profitable basis. 20. Give a forecast of the circumstances in which and the earliest date on which the mineral or group of minerals discovered might be mined. 21. State the name of the company to whom the exploration licence relating to the area (in respect of which application is made for a retention licence) was granted. 22. If the applicant for a retention licence is the same company to whom the exploration licence was issued, state any change in ownership or organisation or circumstances of the company since the grant of the exploration licence. 23. Give details of any assignment/transfer relating to the exploration licence in respect of the area subject to the application for a retention licence. 24. State whether the applicant has been convicted of any offences. If yes, give particulars. 25. State any other information or any special remark relevant to the application. Enclosures to be attached with application: (i) Five copies of a detailed topographical and geological description of the boundaries of the area of land to which the application relates, and five copies of a plan or map of such area drawn to a scale required by the licensing authority showing: (a) its location with reference to magisterial districts; and (b) the extent of area and the boundaries by reference to identifiable physical features and co-ordinate reference points; (Refer Rule 18 (1) (d)), and 37(1)(c)), and (c) the nature of the mineralisation contained therein. (ii) Details of the proven, estimated or inferred mineral reserves contained therein, and of the mining conditions pertaining thereto; (Refer Rule 37 (1) (d)). (iii) The proposals for the carrying out of work in the exploration area and expenditures during the period of the retention licence in respect of which application is made and if no further work in or in relation to the exploration area could be usefully carried out the reasons therefore (Refer Rule 37 (1)(e) (i)). (iv) A report Containing particulars of the state of the environment in the area to which the application relates, including any existing damage to the environment, the effect and the adverse impact which the operations carried on or to be carried on have had or may have on the environment and the measures taken or to be taken to prevent, mitigate or remedy such impact; (Refer Rule 37 (1)(e) (ii)) (v) Proposals for the control or elimination or any particular risks (whether health, safety or otherwise) involved in exploration operations carried out or to be undertaken. (vi) Particulars of the applicant's technical and financial resources to carry out the operations proposed and those of any person to tie engaged to provide such resources, together with supporting documentary evidence and copies of relevant contractual agreements; (Refer Rule 18 (1) (n) and 37(1)(f). (vii) Particulars of the exploration licence held by the applicant; (Refer Rule 37(1) (f) (ii)). (viii) Relevant data, studies, analyses and documents in relation to the application. (ix) Proposals in respect of the matters specified in Rule 13(1)(6) to (h). (x) Annual report and. audited financial statements of the company for the last three (3) years. (xi) The application fee specified in the First Schedule, (Refer Rules 10 (1)(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes or dues are outstanding against the/us in respect of any concession (s) held by me/us or by any firm of which I/we have been partner (s). Signed for and on behalf of -----------------------------------(Company's name) by its duly authorised representative. Name ------------------------------------------------------- Designation: ------------------------------------------------- Dated: ------------------------------------------------------- Form F THE BALOCHISTAN MINERAL RULES, 2002 Application for a Mining Lease by a Company (Rules 10 and 47) To: The Licensing Authority Date and Hour of receipt at Licensing Authority's office ------------------------------------------------------ ------------------------------ Signature of Receiving Officer Information to be supplied by applicant. Where information cannot be fitted on form, to be included as attachment. PARTICULARS OF THE COMPANY 1. Name of applicant. 2. Date and particulars of incorporation. 3. Date and particulars of registration. 4. Registered address. 5. Principal place of business. 6. Office or address in Balochistan at which notices etc, may be served and name of representative or agent in Balochistan. 7. Nature of business. 8. Amount of authorised, subscribed, issued and paid up capital. 9. If the company has a share capital, slate the full name, address and nationality of any person who has the controlling interest in the affairs of the company amt any person who is the beneficial owner of more than five per cent of the issued share capital. (Note:- Attach full information) 10. Full names, nationalities and addresses of all Directors. (Note: Attach full information. 11. Full names, nationalities and addresses of Officers of the company. (Note: Attach full information) 12. Give particulars of all other mineral titles held or mines operated in Pakistan by the applicant whether jointly (or through a subsidiary/affiliate), currently or during the ten years immediately preceding the date of application, or where no such titles or mines are or were held or operated, particulars of any current or previous involvement by the applicant (or any subsidiary or affiliate of the applicant) in reconnaissance exploration. or mining operations outside Pakistan. (Now- Attach full information) 13. State approximate size of the area for which application is made. (Note.- size of area shall not exceed 150 square kilometres) 14. State location and description of the area in terms required under Enclosure (i) below. 15. State mineral or group of minerals for which a mining lease is sought. 16. State the period, not exceeding thirty years, for which a mining lease is sought. 17. (a) State whether the applicant has previously made an application for a licence, lease or permit etc. (b) If yes, state whether any such application was granted or refused or lapsed. 18. State whether the applicant previously held any licence, permit or lease authorising exploration or mining operations in Balochistan (or elsewhere) which has been surrendered, revoked or cancelled. 19. State whether the applicant has been convicted of any offence. If yes, state particulars. 20. State any other information (if any) or any special remarks. Enclosures to be attached with Application: (i) Five copies of a detailed topographical and geographical description of the area of land to which the application relates, and five copies of plans or maps of such area drawn to a scale required by the licensing authority showing: (a) its location with reference to magisterial districts (Refer Rule l8(1)(d)); and (b) the extent of area and boundaries by reference to identifiable physical features and co-ordinate reference points; (Refer Rule 18 (1) (d)). (ii) A technological report on mining and treatment possibilities and the intention of the applicant in relation thereto; (Refer Rule 47(1) (e) (i)). (iii) Relevant feasibility studies, detailed plans for development and operation of the mine and the programme of proposed mining operations, including forecast of: (a) the date by which the applicant intends to work for profit; (b) the capacity and expected rate of production and scale of operations; (c) the anticipated overall recovery of ore and mineral products; and (d) the nature of products; (Refer Rule 47(1)(f)(i)) ,(ii), (iii) and (iv)). (iv) An environmental impact assessment in terms of the Environmental Protection Act stating: any existing damage to the environment caused by exploration operations and the steps taken or to be taken to prevent, control or remedy such damage; the extent of any adverse effect which the proposed plan for development and operation of the mine and the carrying out of the programme of proposed mining operations would be Likely to have on the environment and on any monument or relic in the area over which the lease is required; and proposals for eliminating or controlling that effect; (Refer Rule 47(2) (g)). (v) Proposal for the prevention of pollution, the treatment and disposal of wastes, the safeguarding, reclamation and rehabilitation of land disturbed by mining operations, the protection of rivers and other sources of water and for monitoring and managing any adverse effect of mining operations on the environment; (Refer Rule 47 (1) (h)). (vi) Proposals for the control or elimination of any particular risks (whether to health or otherwise) involved in mining operations proposed to be undertaken (Refer 47 (2)(i)). (vii) Detailed forecast of capital investment, operating costs and revenues and the anticipated type and source and extent of financing; (Refer Rule 47 (1) (j)). (viii) Particulars of the applicant's technical and financial resources and those of any person to be engaged to provide such resources, together with supporting documentary evidence and copies of relevant contractual agreements; (Refer Rules 18 (1) (f) and (j)). (ix) Statement giving particulars of expected infrastructure requirements:(Refer Rule 47(1)(j)(iii)). (x) A copy of the Memorandum and Articles of Association of the company and with an attested copy of the certificate of incorporation of the company in Pakistan. (xi) Proposals in respect of the matters specified in Rule 13(1) (b) to (h). (xii) Annual reports and audited financial statements of the company for the last three (3) years. (xiii) In the case of a person referred to in Rule 48, the expenditure referred to in Rule 33(1)(b) (Refer Rule 17(1)(e)(ii). (xiv) The application tee specified in the First Schedule to the Rules (Rule 10 (1)(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes or dues are outstanding against me/us in respect of any mineral title or permit held by me /us or by any company which is involved in a joint venture with me/us. Dated this-------------------day of ------------------ 20--------- Signed for and on behalf of-------------(Company's Name) by its duly authorised representative. Name: ............................................................. Designation ..................................................... Date ............................................................. FORM-G BALOCHISTAN MINERAL RULES, 2002 APPLICATION FORM FOR Prospecting Licence Rules 10 and 76 1. Name of the applicant. Firm Co. etc; (in Block Letters). _________________ 2. (i) Name of Mineral.____________________________________________ (ii) Size & Location of The area (Name Halqa Tehsil & District). ____________ (iii) Data of the area Sheet-No. POINTS. Co-ordinate Eastings. Co-ordinate Northins. TOTAL AREA FIECTARES/ACRES (IN WORDS 3. IN CASE OF INDIVIDUAL (Check if not Applicable). ______________ (i) Name of individual with Father's Name____________________________ (ii) National Identity Card No. ____________________________________ (iii) Date & Place of Issue (Enclose Photo copy of NIC). ________________ (A) (iv) Permanent Address______________________________________ (v) State whether Local, Domicile or Non Local, (Mention District) The Name of Tribe (if Local) ________________________________________ (vi) Occupation_______________________________________________ (vii) Principal Place of Business___________________________________ If outside Balochistan Name of duly authorized Agent in Balochistan with Address____________________________________________________ IN CASE OF INDIVIDUAL CHECK IF NOT APPLICABLE S.No. Name with Father s Name & permanent address. National Identity Card No. of the Managing Partners/Directors (Enclose Photostat Copy). Occupation State whether Local Domicile or Non-Local (Mention Name of Distt) if Local the name of tribe Percentage of shares held. (B) 1 2 3 4 5 6 7 8 - - IF THE APPLICATION IS BY A COMPANY (i) Details of Capital: (a) Authorized _____________________ (b) Issued & Subscribed______________ (ii) Name of Business_______________________ (C) (ii) Name with Father s Name and Permanent address. Occupation State whether Local/Domicile or Non-Local (Mention Name of Distt) if Local the name of tribe. Percentage of shares (a) Managing Directors (b) Director/Principal Share holders If the applicant is an alien, or a Company incorporated out side Pakistan state full particulars of the Company to be incorporated by the applicant in Pakistan for the purpose of receiving the grant of any licence or lease which may be granted including the following particulars: (i) Details of Capital. (a) Authorized. (b) Issued & subscribed. (ii) Amount of capital proposed for This particular project. (iii) Name of Business. Name with Permanent, address of:- Nationality. Percentage of Shares held. (D) Managing Director. Directors/Share-holders. (NOTE):- Documentary evidence of incorporation of the Company in Pakistan should be furnished along with a copy of the Memorandum and Articles of Association and prospectus of the Company as soon as the Company has been incorporated in Pakistan). 4. Brief Particular of previous experience, in Mining giving details of any Prospecting Licence or Mining Lease ________________________ 5. Brief Particulars of any application for Licence or lease which has been submitted in the parts -in any country and its disposal ________________________ 6. Name and qualification of Technical Experts or Advisors. ________________________ 7. Brief particulars of the Mining Concessions held by you or your sister concern in Balochistan. ________________________ 8. Brief particulars of Government dues on account of Annual Fee/Dead Rent and Royalty etc; which are outstanding against you or your sister concern in which you are a partner. ________________________ 9. Any Special Remarks. ________________________ 10. Documents attached. ________________________ (i) Treasury Challan No dated ..for Rs. (Rupees. In ..words .) as application fee under the head of account "1300000-Misc. Receipt, 1390000. Others, 1391008-Other Receipts, under the Mines, and Oil Field and Mineral Development, (Govt. Control) Act, 1948 (134). (ii) 15 copies of the plans of the applied for area prepared and signed by a Registered Mining Surveyor from Survey of Pakistan sheet No . .............. (iii) Authenticated copy of Partnership deed duly registered with the Register of Firms/Companies (in case of Partnership firm only. (iv) A copy of the Memorandum and Articles of Association along with an attested copy of the Certificate of incorporation/registration of the Company (in case of Limited Companies only). (v) Proof of Local participation if arranged along with the Certificate in respect of share holders showing them as Local Domicile non-Local or outsiders (Under Rules 95(a) of Balochistan Mineral Rules 2002). DECLARATION I/We declare that all the entries in this form are correct to the best of my/our knowledge and belief. SIGNATURES) OR APPLICANT(S) MANAGING DIRECTOR. Dated ............. (If the applicant is a company state authority on which form is signed). Signature of the Incharge Of the Branch concerned. INSTRUCTIONS (N.B.) (i) All the entries should be typed or clearly handwritten in Capital Words. (ii) Their should be no over writing, particularly in Survey Data at para 2 (iii) (iii) No column should be left blank. In case the reply against any columns is Nil, the word NIL or NOT applicable should be written. (iv) No Sketches will be entertained. (v) All the copies of the map should be signed by Registered Mining Surveyor as well as the applicant. (vi) Incomplete application and applications by post shall not be entertained. (vi) A receipt against the application may be obtained from authorized Officer of the Department. BALOCHISTAN MINERAL RULES, 2002 APPLICATION FORM FOR Prospecting Licence (Rules 10 and 76) (FOR OFFICIAL USE ONLY) Received an application form M/s . ..............................For (Name of mineral) . under Rules 10 and 76) of Balochistan Mineral Rules, 2002, for an area of .. Hectare/Acres in Distt.......................on (date) .. At (time) .. Along with the following documents:- (i) Treasury Challan No Date . for Rs. .as application fee. (ii) 15 copies of the plan duly signed by the registered Surveyor and the Applicant (S.O.P Sheet No ..). (iii) Authenticated copy of partnership deed/Memorandum and Articles of association (if applicable). (iv) Proof of Local Participation, (if already arranged). (v) N.O.C. Issued by the (if already arranged) (vi) Any other documents (vii) Photo copy/copies of Identity Card No . .................................... Dated the .. Authorized Officer. for Director General Mines & Minerals Quetta Balochistan. BALOCHISTAN MINERAL RULES, 2002 APPLICATION FORM FOR Prospecting Licence (Rules 10 and 76) (FOR OFFICIAL USE ONLY) Received an application form M/s........................................Far (Name of mineral) ..under Rules 10 and 76) of Balochistan Mineral Rules, 2002, for an area of Hectare/Acres in Distt .......................on (date) .At (time) ..Along with the following documents:- (i) Treasury Challan No .Date for Rs ..as application fee. (ii) 15 copies of the plan duly signed by the registered Surveyor and the Applicant (S.O.P Sheet No ..). (iii) Authenticated copy of partnership deed/Memorandum and Articles of association (if applicable). (iv) Proof of Local Participation, (if already arranged). (v) N.O.C. Issued by the (if already arranged) (vi) Any other documents (vii) Photo copy / copies of Identity Card No..................................... Dated the . Authorized Officer; for Director General Mines & Minerals Quetta Balochistan. BALOCHISTAN MINERAL RULES, 2002 APPLICATION FORM FOR Mining Lease (Rules 10 and 83) 1. Name of the applicant, Firm _______________________ Co., etc; (in Block Letters). 2. (i) Name of Mineral. _______________________ (ii) Size & Location of The area (Name Halqa Tehsil & District). _______________________ (iii) Data of the area Sheet-No. POINTS. Co-ordinate Eastinngs. Co-ordinate Northins. TOTAL AREA HECTARES/ACRES IN WORDS 3. IN CASE OF INDIVIDUAL (Check if not Applicable)._____________ (i) Name of individual with Father's Name _______________________ (ii) National Identity Card No. _______________________ (iii) Date & Place of Issue (Enclose Photocopy of NIC). _________________ (A) (iv) Permanent Address _______________________ (v) State whether Local, Domicile or Non Local, (Mention District) The Name of Tribe (if Local) _______________________ (vi) Occupation _______________________ (vii) Principal Place of Business, If outside Balochistan _______________________ Name of duly authorized Agent in Balochistan with Address _______________________ IN CASE OF INDIVIDUAL CHECK IF NOT APPLICABLE) S. No. Name with Father s Name & permanent address. National Identity Card No. of the Managing Partners/Directors (Enclose Photostat Copy). Occupation State whether Local Domicile or Non-Local (Mention Name of Distt) if Local the name of tribe Percentage of shares held. (B) 1 2 3 4 5 6 7 8 - - THE APPLICATION IS BY A COMPANY (i) Details of Capital:- (a) Authorized___________________ (b) Issued & Subscribed____________ (ii) Name of Business________________________________ (C) (iii) Name with Father s Name and Permanent address. Occupation State whether Local/Domicile or Non-Local (Mention Name of Distt) if Local the name of tribe. Percentage of shares (a) Managing Directors (b) Director/Principal Share holders If the applicant is an alien, or a Company incorporated out side Pakistan state full, particulars of the Company to be incorporated by the applicant in Pakistan for the purpose of receiving the grant of any licence or lease which may be granted including the following particulars: (iii) Details of Capital: (a) Authorized, (b) Issued & subscribed. (iv) Amount of capital proposed for This particular project. (v) Name of Business. Name with Permanent, address of:- Nationality. Percentage of Shares held. (D) Managing Director. Directors/Share-holders. (NOTE):- Documentary evidence of incorporation of the Company in Pakistan should be furnished along with a copy of the Memorandum and Articles of Association and prospectus of the Company as soon as the Company has been incorporated in Pakistan). 4. Brief Particular of previous experience, in Mining giving details of any Prospecting Licence or Mining Lease ____________________ 5. Brief Particulars of any application for Licence or lease which has been submitted in the parts in any country and its disposal ____________________ 6. Name and qualification of Technical Experts or Advisors. ____________________ 7. Brief particulars of the Mining Concessions held by you or your sister concern in Balochistan. ____________________ 8. Brief particulars of Government dues on account of Annual Fee/Dead Rent and Royalty etc-, which are outstanding against you or your sister concern in which you are a partner. ____________________ 9. Any Special Remarks. ____________________ 10. Documents attached. ____________________ (i) Treasury Challan No dated ..Forms._________(Rupees. In words ........................ ) as application fee under the head of account "1300000- Misc. Receipt, 1390000. Others, 1391008-Other Receipts, under the Mines, and Oil Field and Mineral Development, (Govt. Control) Act, 1948 (134. (ii) 15 copies of the plans of the applied for area prepared and signed by a Registered Mining Surveyor from Survey of Pakistan sheet No . ................. (iii) Authenticated copy of Partnership deed duly registered with the Register of Firms/Companies (in case of Partnership firm only. (iv) A copy of the Memorandum and Articles of Association along with an attested copy of the Certificate of incorporation/registration of the Company (in case of Limited Companies only). (vi) Proof of Local participation if arranged along with the Certificate in respect of share holders showing them as Local Domicile non-Local or outsiders (Under Rules 95(a) of Balochistan Mineral Rules, 2002). DECLARATION I/We declare that all the entries in this form are correct to the best of my/our knowledge and belief. SIGNATURES) OR APPLICANTS) MANAGING DIRECTOR. Dated ............. (If the applicant is a company state authority on which form is signed). INSTRUCTIONS (N.B.) (i) All the entries should be typed or clearly handwritten in Capital Words. (ii) Their should be no over writing, particularly in Survey Data at para 2 (iii) (iii) No column should be left blank. In case the reply against any columns is Nil, the word NIL or NOT applicable should be written. (iv) No Sketches will be entertained. (v) All the copies of the map should be signed by Registered Mining Surveyor as well as the applicant. (vi) Incomplete application and applications by post shall not be entertained. (vii) A receipt against the application may be obtained from authorized Officer of the Department. BALOCHISTAN MINERAL RULES, 2002 APPLICATION FORM FOR Mining Lease (Rules 10 and 83) (FOR OFFICIAL USE ONLY) Received an application under Rule la & 83 of Balochistan Mineral Rules, 2002, for an area of .........Hectare/Acres in Distt. .on (date) ..at (time) ..along with the following documents:- (i) Treasury Challan No Date ..for Rs. .as application fee. (ii) 15 copies of the plan duly signed by the registered Surveyor and the Applicant (S.O.P Sheet No .). (iii) Authenticated copy of partnership deed/Memorandum and Articles of association (if applicable). (iv) Proo of Local Participation. (if already arranged). ---------------- (v) N.O.C. Issued by the (if already arranged) ----------------------- (vi) Any other documents-------------------------------------------- (vii) Photo copy/copies of Identity Card No.------------------------- Dated the Authorized Officer, for Director General Mines & Minerals Bslochistan Quota. BALOCHISTAN MINERAL RULES, 2002 APPLICATION FORM FOR Mining Lease (Rules 10 and 83) (FOR OFFICIAL USE ONLY) Received an application under Rule 10 & 83 of Balochistan Mineral Rules, 2002, for an area of .........Hectare/Acres in Distt., . on (date) .at (time) ..along with the following documents:- (i) Treasury Challan No ..Date .. for Rs.-----------as application fee. (viii) 15 copies of the plan duly signed by the registered Surveyor and the Applicant (S.O.P Sheet No ). (ix) Authenticated copy of partnership deed/Memorandum and Articles of association (if applicable). (x) Proof of Local Participation. (if already arranged). (xi) N.O.C. Issued by the (if already arranged) .................................. (xii) Any other documents .. (xiii) Photo copy/copies of Identity Card No. Dated the . Authorized Officer. for Director General Mines & Minerals Bulochistan Quetta. Form J THE BALOCHISTAN MINERAL RULES, 2002 Application for Surrender of Land Subject to a Mineral Title or Mineral Concession by an Individual or a Company (Rule 58) To The Licensing Authority Date and Hour of receipt at Licensing Authority's office ------------------------------------------------------- ------------------------------ Signature of Receiving Officer Note: Where information cannot conveniently fit in this form, it should be included as an attachment. PARTICULARS OF APPLICANT 1. Name of applicant. 2. Type of mineral title or mineral concession held. 3. Date on which mineral title or mineral concession was granted. 4. Registered number of mineral title or mineral concession. 5. Date on which surrender is to take effect. 6. State approximate size of area to be surrendered (that is if only part of the area is to be surrendered). 7. Give particulars of reconnaissance, exploration or mining operations, as the case may be, carried out in the area to be surrendered. Enclosure to be attached with application: (i) Five copies of a comprehensive geological description of the area of land over which the licence is sought and five copies of a plan or map of such area drawn to a scale required by the licensing authority showing: (a) its location with reference to magisterial districts; and (b) the extent of the area and the boundaries by reference to identifiable physical features and co-ordinate reference point,. (c) the potential for or nature of materialisation. (ii) A report containing particulars of the state of the environment in the area to be surrendered, the effect which the operations may have had on the environment and any existing damage to the environment and measures taken or to be taken by the applicant to prevent, minimise or remedy any adverse effects to the environment including measures for the prevention of pollution, disposal of waste and rehabilitation of land. (iii) Records and reports in relation to the reconnaissance, exploration or mining operations, as the case may be, carried out in the area to be surrendered. (Refer to Rules) (iv) The application fee specified in the First Schedule to the Rules (Rule 10(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes or dues are outstanding against me/us in respect of any title held by me/us or by any firm or company of which I/we have been partners or involved in a joint venture. Dated this ..day of ..20 . Signature of Applicant (Where applicant is an individual) Signed for and on behalf of ------------(Company's name) by its duly authorized representative. Name:........................................................................... Designation: .................................................................. Date ........................................................................... Form K THF BALOCHISTAN MINERAL RULES, 2002 Application for Approval of Assignment/Transfer of a Mineral Title or a Mining Lease (SSM) (Rule 64) To: The Licensing Authority Date and hour of receipt at Licensing Authority's office ----------------------------------------------------- ----------------------------- Signature of Receiving Officer Information to be supplied by Applicant. Where information cannot conveniently fit in this Form, it should be included as an attachment. PARTICULARS OF APPLICANT 1 . Name of applicant (Assignor/Transferor etc.). 2. Type of mineral title held or mining lease (SSM). 3. Date mineral title or mining lease granted to, or became vested in the applicant. 4. Registered No of mineral title or mining lease (SSM). 5. Name and particulars of assignee (to be the same as that required of applicant for a mineral title or mining lease (SSM); (Refer to Rule 18 (1)(a) and Rule 64(5) (c) and relevant application firms). 6. Give particulars of all other mineral titles held or mines operated in Pakistan by the proposed assignee/transferee whether jointly (or through a subsidiary/affiliate) currently or during the ten years immediately preceding the date of application, or where no such titles or mines are or were held or operated, particulars of any current or previous involvement by the proposed assignee/transferee (or any affiliate/subsidiary of the assignee/transferee) in reconnaissance, exploration, or mining operations outside Pakistan. (Note:- Attach full information) 7. (a) State whether the proposed assignee/transferee has previously made an application for a licence, lease or permit, under the Rules. (b) If yes, state whether any such application was granted or refused, or lapsed . 8. State whether the proposed assignee/transferee has previously held any licence, permit or lease authorising exploration or mining operations in Balochistan (or elsewhere) which has been surrendered, revoked or cancelled. 9. State reasons for the assignment. 10. State any other information or any special remarks relevant to the application. Enclosures to be attached with Application: (i) Copy of contract/agreement to assign/transfer between applicant (assignor) and assignee/transfer etc. (ii) An unconditional undertaking by the proposed assignee/transferee in terms of Rule 64(5)(d). (iii) In the case of a corporate applicant, evidence confirming compliance with all corporate requirements for entering into the contract/agreement to assign/transfer etc. (iv) Evidence of assignee/transferee's financial and technical resources to carry out the type of mineral operations contemplated by the assignment/transfer etc., including evidence of mining related experience. (v) If the proposed assignee is a company: a copy of the Memorandum and Articles of Association; an attested copy of the certificate of incorporation /registration in Pakistan; and annual reports and audited financial statements of the company for the last three years. (vi) The application fee is specified in the First Schedule to the Rules (Rule 10(c)). I/We solemnly and sincerely declare that all the foregoing particulars are correct and that no Government taxes of dues are outstanding against me/us in respect of any mineral titles held by me/us or by any firm with whom/which I/we are associated in a joint venture. Dated this---------------------day of ---------------------- 20-------- Signed by: Name: ----------------------------- (Individual) Designation------------------------ : Signed for on behalf of ---------------- (Company's name) by its duly authorized representative. Name:------------------------- Designation: ------------------- Date: ------------------------- PART - VIII The Regulation of Mines and Oil-fields and Mineral Development [(Government (Subs by President's Order No.1 of 1964, Art and Such. PLD 1965 Central Statues 17, 27.)Control)] Act, 1948(PLD 1949 Central Act 109.) (ACT NO.XXIV OF 1948(For Statement of Objects and Reasons, see Gazette of Pakistan, Year 1948, Part V (Page 127). 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 or 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 Unions see the Balochistan States Union (Federal Laws) (Extension) Order, 1953 (Governor-General's Order No.4 of 1953); (b) The Khairpur State, see the Khairpur (Federal Laws) (Extension) Order 1953 (Governor-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.).) 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 mineral development under Government Control; AND WHEREAS 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 title, extent and commencement: (1) This Act may be called the Regulation of Mines and Oil-fields and Mineral Development (Government Control(Subs by President's Order No.1 of 1964, Art and Such. PLD 1965 Central Statues 17, 27.)) Act, 1948(PLD 1949 Central Act 109.),( For Statement of Objects and Reasons, see Gazette of Pakistan, Year 1948, Part V (Page 127). 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 or 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 Unions see the Balochistan States Union (Federal Laws) (Extension) Order, 1953 (Governor-General's Order No.4 of 1953); (b) The Khairpur State, see the Khairpur (Federal Laws) (Extension) Order 1953 (Governor-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.). (Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), section 3 and Second Schedule.)[(2) It extends to the whole of Pakistan] (3) It shall come into force on such date(The 1st June, 1949 see Gazette of Pakistan, 1949, Part I, page 246.) 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 tire [appropriate Government](Subs. By President's order No.1 of 1964, Art. 2 and Sch. PLD 1965 Central Statutes 17, 27.) shall have power to make(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 1-60, supra.) rules to provide for all or am 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 licence, a mining lease or other mining concession shall be made, and the prescribing of the fees to be paid on such application; (2) the conditions 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 licence, lease or concession whether granted or renewed may be revoked; (4) The determination of the rates at which, and the conditions subject to which, royalties, rents and taxes shall be paid by licensees, lessees and grantees of mining concessions; (5) The refinement of ores and minerals oils; (6) The control of production storage and distribution of minerals and minerals oils: (6) The control of production storage and distribution of minerals and minerals 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 [appropriate Government] may, by notification in the official Gazette, make rules accordingly. 3. Penalties:- In making any rule under the preceding section the [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 notwithstanding 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 [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 hereto with such modification or subject to such conditions as may be specified in the order. REGISTERED NO. S.1033 EXTRACT FROM THE GAZETTE OF PAKISTAN EXTRAORDINARY Published by Authority X Karachi, Thursday May, 28, 1964. THE CENTRAL ADAPATION OF LAWA ORDERS 1964. PRESIDENTS ORDER NO. 1 OF 1964. Year of Statute1948. No. of the Stature XXIV Short title of the statute. AMENDMENTS MADE ACTS. The Regulation of Mines and oilfields and Minerals Dev: (Federal Control) Act 1948. SHORT TITLE PREAMABLE AND SECTION 1 FOR Federal control substitute Govt. Control. Section 2.3.5: For "For, Central Government, substituted(Appropriate Govt:) New Section: 6 After Section, 5 add to following new Section:-6 6. Definition of Appropriate, Government: in this act, Appropriate Government means in relation to mines of nuclear substannil fields, and ges fields and development of such substances Minerals oil, and ges the Central Government and in relation to the other mines and Mineral Development the provincial Government. GOVERNMENT OF BALOCHISTAN, INDUSTRIES, COMMERCE, LABOUR MAN POWER AND MINERAL DEVELOPMENT DEPARTMENT NOTIFICATION Dated Quetta, the 10th May, 2000. NO. S.O(M.R)5-13/. In exercise of the powers conferred upon him by section 2 of the Regulation of Mines and Oil fields and Mineral Development (Government Control) Act, 1948 (XXIV of 1948) and in super session of the Government of Balochistan, Industries, Commerce and Mineral Resources Department's Notification No. S.O(M.R)5-13/93-2524-56, dated 9.6.1993 the Government of Balochistan is pleased to make the following rules:- 1. Short title and commencement.- (1) These Rules may be called the Balochistan Minor Minerals Concession Rules, 2000. (2) They shall come into force at once. 2. Definitions: In these Rules, unless there is anything repugnant in the subject or context:- (i) "Government" means the Government of Balochistan. (ii) "Gravel" includes all types of fluviatile deposits in the form of pebbles and naturally rounded rock pieces occurring in loose or compact form; (iv) "Minor Minerals" means ordinary sand, ordinary stone, gravel and bajri including lime stone aggregate and may include any other mineral so declared by the Government; and (v) "Ordinary Sand" means fluviatile deposit of minute fragments resulting from wearing down of predominantly siliceous rocks and deposits mainly in river beds and streams usually ranging from 5 microns to 2 millimeters in size but does not include silica sand suitable for glass making and includes clay and silty sand with significant sand particles commonly known as Bursar. 3. Scope of application.- These rules shall apply to leases and other matters relating to minor minerals. 4. Mining of minor minerals: There shall be no mining of minor minerals except under a lease granted in accordance with these rules. (PROVIDED that notwithstanding any thing in these Rules a lease for minor minerals to a Government Department and for lime-stone to an industrial undertaking and Crushing Plants shall be governed under the Balochistan Mining Concession Rules 1970). 5. Period of lease.- The period of a lease shall not exceed five years. 6. Mode of Grant: A lease shall be granted through an auction conducted by an Auction Committee constituted under these rules. 7. Constitution of an Auction Committee: (1) Government may, by notification. constitute an Auction Committee existing of members in each District, to conduct auction of leases for minor minerals. (2) An officer in B-17 or above of the Mineral Development Wing, Directorate of Mineral development shall act as Secretary of an Auction Committee. 8.Schedule of Auction.- The Secretary of the committee shall, for the purpose of general information cause to be prepared and maintained a schedule, along with necessary plans based on Survey of Pakistan maps of the area in a District where minor minerals are situated and shall also cause a tentative programme for auction formulated and maintained in his office. 9. Shape of the area.- Each area in respect of which a lease is granted shall, as far ,is practicable, be in a compact shape and shall be identified by well marked permanent physical boundaries or by straight lines. 10. Size of the area.- No lease shall be granted in respect of an area exceeding one hundred acres. 11. Public Notice of auction.- For the general information of the public, the Secretary shall, through a public notice, advertise at least 15 days prior to the date of auction. (i) the details of the area in respect which the lease is proposed to be granted; (ii) the details of the auction programme specifying the date, time and place where the auction is to take place; and (iii) the terms and conditions of the auction. 12. Registration of Applicant: (1) A person desirous of taking part in an auction shall submit, by hand, an application complete in all respects to the Secretary or to an Officer authorized by him in this behalf in Form-A annexed to these Rules for registration, at least one day prior to the auction. (2) Every application under sub-rule (1) shall be accompanied by- (i) earnest money as prescribed by the Government; and (ii) a copy of (a) the National Identity Card of the applicant; (b) income tax registration; (c) the duly registered partnership deed where the applicant is a partnership firm; (d) each document of immovable property and financial viability of the applicant as prescribed by the Licensing Authority; and (e) the articles and memorandum of association alongwith evidence of paid up capital, if the applicant is a Company. (3) If an application is not submitted in accordance with the provisions of Sub- rule (1) and (2) it shall be rejected and the applicant shall not be eligible to take part in the auction. 13. Acknowledgment of application: The Officer receiving the application shall record thereon the date and time of its receipt and deliver to the applicant a registration slip stating the date and time of the auction. 14. Powers to accept or reject a bid: The Licensing Authority shall have the power to accept or reject the highest did received in an auction without assigning any reason. 15. Negotiations for the improvement of bid. If in the opinion of the Licensing Authority, the highest did received for an are in the auction is not adequate, it may, before refunding the earnest money to the parties who had participated in the auction for the said area, negotiate with them to improve the did to its satisfaction: Provided that if the bid is not improved to the satisfaction of the Licensing Authority, it may re-auction the area, and may accept the highest bid received in the said re-auction. 16. Refund of earnest money: (1) Subject to the provisions of Rule 15, the earnest money deposited by an applicant in connection with an auction shall be refunded after the auction except to the highest bidder whose earnest money will be refunded only if the bid is rejected by the Licensing Authority. (2) In case the bid is accepted, the earnest money will be adjusted towards the bid money. 17. Payment of bid money. The highest bidder shall deposit the balance of the bid money in the manner and within the time prescribed by the Government failing which the earnest money shall stand forfeited, in which case, the next highest bid may be treated as the highest bid. 18. Refund of bid money: In case the highest bid is rejected by the Licensing Authority, the bid money deposited by the bidder shall be refunded. 19. Security Deposit.- (1) On approval of the bid, the highest bidder shall deposit 25% of the bid money as security within a period of ten days in the manner prescribed by the Licensing Authority. (2) Failure to deposit security within the time limit prescribed under sub-rule (1) will render the bid money including earnest money already deposited liable to forfeiture and rejection of the bid. (3) On the expiry or termination of the lease, as the case may be, the security deposit shall be refunded to the lessee after making such deductions on account of outstanding dues, compensation for surface damage, penalty or otherwise as the Licensing Authority may order. 20. Grant of lease: (1) After the security deposit is made the Licensing Authority shall issue an allotment letter, whereupon the lease shall stand granted to the highest bidder. (2) The letter shall state the terms and conditions of the lease. 21. Payment of installments: (1) The lessee shall pay the installments, if any of the bid money in advance on the dates stated in the allotment letter and submit the original Treasury Challan to the Licensing Authority. (2) In case the lessee fails to pay any installment by the due date, the Licensing Authority or an authorized agent of the authority may stop the work, cancel the lease and resume possession of the area. 22. Surface rent: (1) A lessee shall pay, for all Government land which he may use or occupy superficially for the purposes of the operations conducted under the lease, a surface rent at the rate assessable under the Revenue Law or rules applicable in the district in which the land is situated; Provided that if no such rent is assessable under the existing law, the rent may be fixed by the Licensing Authority. (2) if the land belongs to a private person, a lessee shall pay surface rent to the owner of the land actually used or occupied superficially at such rate and in such manner as may be mutually agreed upon between the lessee and the land owner and in case of disagreement between them, at such rate and in such manner as may be determined by the Licensing Authority whose decision shall be final. 23. Acquisition of land:- If, in the opinion of the Licensing Authority, it is necessary to acquire land to provide access to the leased area, it may acquire it under the Land Acquisition Act, 1894. 24. Compensation.- A lessee shall pay such compensation as may be assessed by the authority concerned in accordance with law for the time being in force for all damage, injury or disturbance which maybe caused as a result of the operations carried on by him under the lease and shall indemnify the Licensing Authority or any officer working on its behalf against all claims which may be made by third parties in respect of any such damage, injury or disturbance and in case of dispute the matter shall be referred to the Licensing Authority, whose decision shall be final: Provided that before proceeding under this rule, the Licensing Authority shall give the parties reasonable opportunity of being heard. 25. Operation in the reserved and protected forests: (1) All operations conducted under these rules within a re erved or protected forest shall be subject to such conditions as the Licensing Authority may be a general or a special order, prescribe. (2) It shall be a condition of every lease granted under these rules that before the commencement of mining operations within a reserved or protected forest, a notice shall be given to the District or Divisional Forest Officer concerned of the intention to commence operations. 26. Demarcation of area: (1) lessee shall, within ten days of the issue of allotment letter, cause the area granted to be demarcated on ground according to the survey data and at his own expense, erect and maintain at all times concrete/permanent boundary marks and pillars standing not less than I meter above the surface of the ground and being not less that meter square in diameter at the bas at every angle or comer of boundary line. In case the lessee fails to erect or maintain the boundary pillar the Licensing Authority or its authorized agent may impose penalty at such rate as prescribed by the Government. (2) The lessee may get the area demarcated officially after paying such fee as prescribed by the Government. (3) A boundary dispute, in respect of the leased area, shall be referred to the Licensing Authority; whose decision shall be final. 27. No work within 100 meters from any Railway Line, etc.- A lessee shall not carry on or permit to be carried on any mining operations at or upto any point within a distance of 100 meters from any railway line, water reservoir, power telephone line, gas pipeline, agricultural land or other public works, or building or place of archeological importance except with the previous permission, in writing, of the Licensing Authority and in accordance with such conditions as it may impose. 28.Inspection.- A lessee shall provide the Licensing Authority or an office authorised by it in this behalf, all reasonable facilities to enter upon the leased area for purposes of inspection survey, measurements or enquiry about any matter relating to the lease and shall make available all records pertaining thereto for examination. 29. Access to other lessees: A lessee shall allow existing and future lease holders of any area adjoining or accessible through the land held by the lessee all reasonable facilities of surface access thereto, on the terms and conditions as may be determined by the Licensing Authority. (2) Failure on the part of the lessee to comply with the terms and conditions determined by the Licensing Authority under sub-rule (1) shall render him liable to penalty as may be prescribed by the Government. 30. Change in the constitution of the lessee.- A lessee shall not make any change in its constitution without prior consent in writing of the Licensing Authority. 31. Exclusion of lands for public purposes etc.- If an area or a portion thereof held under a lease is required at any time for any public purpose, the lessee shall forthwith release to the Licensing Authority such area and to such extent as is required by the Government and in such a case the bid money will be reduced proportionately. 32. Un-authorised mining: If any person carries out mining of minor minerals outside the area granted to him under a lease or in any area for which he has not obtained a lease or obstructs free access of a lessee to the leased area ox directly or indirectly tries to interfere with the mining operations by a lessee, he shall be liable, on conviction before the Magistrate of such class as the Government directs in this behalf, to a fine not exceeding Its. 50,000/- or imprisonment for a term which may extend to three years or with both. Provided that before proceeding, the person shall be given a reasonable opportunity of being heard. 33. Right of surrender.- (1) A lessee desirous of surrendering the area under lease shall give either two months prior notice in writing to the Licensing Authority or pay proportionate bid money in lieu thereof. (2) In case of partial surrender of the area, the lessee shall not be entitled to any reduction in the bid. 34. Assignment. A lessee shall not transfer any right of interest any right or interest under the lease nor part with the possession of the area or any part thereof, without the previous consent in writing of the Licensing Authority. 35. Method of making application for assignment: (1) An application for assignment under these rules, shall be submitted at least three months before the expiry of the lease and shall be accompanied by the fee as prescribed by the Government. (2) The application signed by both the assignee and the assignor shall be presented in person to the Licensing Authority or the officer authorized by it in this behalf. (3) The security deposited by the assignor will be transferred to the assignee after approval of the assignment by the Licensing Authority. 36. Extension in the lease period.- (1) The lease period will be effective from the date of issue of allotment letter. (2) In case a lessee fails to assume possession of the area or to work therein, due to circumstances beyond his control and can prove it to the satisfaction of the Licensing Authority, it may either extend the lease period to that extent or refund the proportionate bid money in lieu thereof. Explanation. No relief under this rule shall be admissible because of rains or flood in the river/channels or dangerous quarry operations. 37. Removal of buildings, structures etc. on expiry of lease.- (1) On expiry or termination of a lease, the lessee shall hand over the possession of the area to the Licensing Authority or its authorized representative clear of all buildings, structures, machinery, excavated minerals and other things. (2) In case such buildings, structures, machinery, minerals or other things are not removed within one month from the date of expiry or termination of lease, it shall vest in the Licensing Authority without any right of the lessee for compensation and the Licensing Authority may dispose these of in such manner as it may deem fit. 38. Violation of rules or lease agreement: (1) Except otherwise provided in these rules, in case of violation or breach of any rule or any term or condition of the grant of lease, the Licensing Authority shall give a notice to the lessee providing him with an opportunity to remedy the breach within the time specified in the notice. . (2) If the lessee fails to remedy such violation or breach within the specified time, the specified time, the Licensing Authority may terminate the lease and forfeit the bid money already paid by the lessee. 39. Erection of buildings etc.- No body other than a lessee shall erect any building structure machinery or plant within a distance of 100 meters from the foot of a hill in the leased areas except with the previous permission in writing, of the Licensing Authority. 40. Services of letters and notices: Any letter or notice issued to the lessee at his postal address by registered post will, for purposes of these rules, be considered sufficient service. 41. Safe working.- (1) If, on inspection or other-wise, the Licensing Authority is of the opinion that a lessee is working in a manner contrary to the conservation of mineral property or safety of workers or other people, the Licensing Authority may require the lessee, in writing to remove the defects or amend the method of mining within a period, not exceeding two months, as in determined by the Licensing Authority. (2) If the lessee fails to comply with the instructions within the specified period, the Licensing Authority shall have the power to stop the work of extraction of minerals in whole or in any part of the area demised under the lease till such time that the defects are removed to the satisfaction of the Licensing Authority and the lessee will not be entitled to any relief whatsoever on this account. (3) If the defects are not removed or the method of mining is not amended to the satisfactions of the Licensing Authority within two months from the date of the stoppage of work, the lease will b canceled and the bid money already paid, shall be forfeited. 42. Re-auction of areas.- An area will be re-auctioned before the date of expiry of its lease but if the auction or the grant of lease is delayed due to certain reasons, the Licensing Authority, subject to the payment of proportionate bid money in advance for the extended period, may extend the period of previous lease upto the date of next grant. Provided that any extension beyond a period of six months on this account will be subject to the approval of the Government. 43. Issuance of slip: (1) The lessee shall not dispatch any mineral from the leased out area without issuing a dispatch slip duly signed b the lessee or his authorized representative, clearly showing the name of the lessee, lease number and location of the lease, registration number of the vehicle, serial number of dispatch slip, date of issue and quantity of the mineral dispatched. (2) If a lessee fails to issue proper dispatch slips, the Licensing Authority or an officer authorized by it in this behalf may impose a -penalty as may be prescribed b Government. (3) If a lessee commits repeated violations of this rule, the Licensing Authority may terminate the lease and forfeit the installment or bid money already paid. 44. Mode of payment: All amounts payable under these rules shall be deposited into a Government Treasury or into any Bank authorized by the Government for the purpose, under the Head of Account specified by the Government. 45. Taking over possession of Area: (1) On expiry or earlier termination of a lease the possession of the area will be assumed by the Licensing Authority, or its authorized representative and entry in this respect shall be made in the record of the Licensing Authority. (2) Possession of the area shall be considered as validly assumed if entry to this effect is available in the record of the Chairman of the Auction Committee or the Licensing Authority and an intimation has been sent to the concerned revenue officer of the district. 46. Outstanding dues payable ever, after expiry of a lease: On the surrender, expiry of termination of a lease, as the case may be, the lessee shall be responsible for payment of all outstanding dues and other charges which, in the event of nonpayment shall be recoverable ass arrears of land revenue. 47. Black listing: (1) A person may be black listed by the Licensing Authority on account of serious and repeated violations of these rules. (2) The lease held by such a person shall stand terminated and such person will be debarred form taking part in an auction. 48. Appeal.- If a person is aggrieved by an order of the Licensing Authority passed under these rules, he may, within thirty days of the communication of the impugned order and on payment of such fee as may be prescribed by the Government, prefer an appeal to the Government in the appropriate department. Explanation: The expression appropriate department means the Secretary. Industries, Commerce and Mineral Development Department, Government of Balochistan. (2) The Secretary Industries, Commerce, and Mineral Development may, pending the decision of the appeal, grant a stay order: Provided that an application for stay order in respect of Government dues shall be accompanied by a pay order of one fourth of the disputed amount in favor of the Licensing Authority, failing which the application shall not be entertained. (3) If the appeal in which a stay order had been granted is finally rejected and the Appellate Authority is of the view that the appeal was preferred on frivolous grounds of the stay order was obtained by deceit or fraud on the part of the appellant, it may, while deciding the appeal, impose a penalty on the appellant upto 5% of the bid money or the disputed amount as the case may be. (4) The amount deposited under sub-rule (2) would first be adjusted towards the imposed under sub-rule (3) and the remaining amount, if any, may be adjusted towards the action of the Government dues, and the balance, if any shall be refunded to the appellant. BY ORDER OF GOVERNMENT OF BALOCHISTAN. ARIF AZIM Secretary Industries. Rule have been published in the Balochistan Gazette Extra Ordinance 10,2000 (Pages 1-10) GOVERNMENT OF BALOCHISTAN INDUSTRIES COMMERCE MINERAL RESOURCES LABOUR AND MINPOWER DEPARTMENT. Quetta, the 2nd September, 2000. NOTIFICATION No. SO(M.R)5-13/2000/5518-19. In exercise of the power conferred by section 2 of the Regulation of Mines and Oil Fields and Mineral Development (Government Control) Act, 1948 (XXIV of 1948) the Government of Balochistan is pleased to amend the Balochistan Minor Minerals Concession rules, 2000, namely:- After rule 10, the full stop appearing at the end shall be substituted with a colon and thereafter the following proviso shall be added:- "Provided that notwithstanding anything contained in these rules, right of collection of royalty on miner minerals may be leased out partly or throughout the District to the highest bidder". BY ORDER OF GOVERNOR BALOCHISTAN. (MUHAMMAD ARIF AZIM) SECRETARY TO GOVERNMENT OF BALOCHISTAN INDUSTRIES COMMERCE MINERAL RESOURCES LABOUR AND MINPOWER. See Balochistan Gazette Extra Ord. Dated September 2, 2000 (Page No. ) GOVERNMENT OF BALOCHISTAN LAW DEPARTMENT NOTIFICATION Dated Quetta, the 3rd September, 1978. No. 1egis: 1-46/Law/78. The following Ordinance made by the Governor of Balochistan on the 23rd August, 1978 is hereby published for general information:- BALOCHISTAN ORDINANCE NO. XVIII OF 1978 THE BLOCHISTAN MARBLE AND COAL MINERALS (CONTROL OF MOVEMENT) ORDINANCE, 1978 AN ORDINANCE to control the movement of Marble and Coal minerals from Balochistan to other Provinces of the State. Preamble. WHEREAS, it is expedient to provide for the control the movement of Marble and Coal minerals from Balochistan to other Provinces of the State; AND WHEREAS, the Governor is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977 read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No. 1 of 1977) and in exercise of all p6wers enabling him in that behalf, the Governor of Balochistan is pleased to make and promulgate the following Ordinance; 1. Short title extent and commandment. (1) This Ordinance may be called the Balochistan marble and Coal Minerals (Control of Movement) Ordinance, 1978. (2) It shall extend to the whole Province of Balochistan except the Tribal Areas. (3) It shall come into force at once. Definition. In this Ordinance unless there is anything repugnant in the subject or context; (a) "Government" means the Government of Balochistan. (b) "Licensing Authority" means the Joint Director Mineral Development Government of Balochistan. 3. No person or Company shall be allowed to transport either by road or rail Coal or Marble from the Province of Balochistan to other Provinces except on a rahdari, issued in this behalf by the Licensing Authority. 4. Any person, Company may apply to the Licensing Authority for grant of rahdari on a Form prescribed by the Government. 5. The Government may be notification in the gazette prescribe the manner in which the Licensing Authority may issue rahdari before dispatch of Coal, Marble by road/rail from the Province of Balochistan for the quantity of minerals purchased and intended for dispatch by the purchaser or agent on submission of ad application. 6. The permit/rahdari shall be issued immediately by the Licensing Authority on demand to the individual/agency on his production of relevant material signifying the sources and quantity of minerals purchased. 7. The individual/agency shall submit to the Licensing Authority a monthly return on the prescribed form showing the quantity of minerals purchased and dispatched by him, before 7th of each ensuring month. 8. If any individual/agency fails to comply with the provisions of this Ordinance or the rules made thereunder be or it, as the case be, shall be liable to be fined upto Rs..5.000/-(Rupees live thousand) for each violation and the Coal or, Marble shall be liable to confiscation in favour of the Government by the Licensing Authority. The fine imposed under this section shall be recoverable as arrears of land revenue. 9. The Licensing Authority may delegate all or any of its powers to any Other of Grad-17 in the Directorate of Mineral Development Balochistan. 10. The Government may make rules for carrying out the purpose of this Ordinance. Quetta Dated the MR. JUSTICE MIR KHUDA BAKHSH MARRI, 23rd August, 1978. GOVERNOR OF BALOCHISTAN. FAKHRUDDIN H. SHAIKH. Secretary, Government of Balochistan, Law Department. See Balochistan Extra Ord: Gazette No. Dated 23rd August, 1978. GOVERNMENT OF 13ALOCHISTAN INDUSTRIES, COMMERCE, MINERAL RESOURCES DEPARTMENT BALOCHISTAN MARBLE AND COAL PERMIT/RAHDARI PROCEDURE RULES, 1978 NOTIFICATION No. S.O. (MD) 1-20/77. In exercise of the powers conferred by Section-10 of the Balochistan Marble and Coal Minerals (Control of movement) Ordinance, 1978, the Government of Balochistan is pleased to make the following rules:- 1. SHORT TITLE EXTENT AND COMMENCEMNT. (1) These rules may be called the Balochistan Marble and Coal (Permit/Rahdari Procedure) Rules, 1978. (2) These rules shall come into force at once. 2. DEFINITIONS. In these rules, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:- (a) "Dealer" means, the person/individual/agency association carrying on business of selling and purchase of Marble and Coal, other than a Mining Concessionairs. (b) "Form" means, the form attached to these rules. (c) "Mining Concessiona" means, the person to whom concession of licence or lease for marble and coal has been granted under the Balochistan Mining Concession Rules, 1970. 3. INFORMATION TO BE PROVIDED IN APPLICATIONTOR THE GRANT OF PERMIT/RAHDARI. (1) Every application for a permit/rahdari to dispatch coal or marble from the Province of Balochistan to other Provinces shall be made in form PR-1. (2) Any dealer, before making an application for the grant of a permit/rahdari shall get himself registered with the Licensing Authority or the form PR-2. The permit/rahdari shall be issued in form PF-3 the Registered dealers only. The application for Registration should be accompanied by a challan of Rs. 100/-as Registration fee to be deposited under the Receipted Bead of Account XLVI-Misc-K-Receipts-Arising out of Wiles-Oil Fields and Mineral Development (Government Control) Act, 1948. The initial period of Registration shall be one year and removable for like periods. (3) One receipt of the application for permit/rahdari the Licensing Authority may, after examining the relevant material produced by the dealer, issue a permit/rahdari, in Form PR-3 subject to the following conditions:- (a) The permit/rahdari shall be issued for a period not exceeding three months from the date of issue of the permit/rahdari. The permit/rahdari shall, however, be extend-able for another period of three months on submission of application quoting sufficient cause for not removing the mineral within the specific period. (b) The dispatch/removal of coal and marble Shall be completed within the period specified in the permit/rahdari, (c) The permit shall be returned to the Licensing Authority on expiry of the specified period after it is certified by the Mining Concessionaire, that the conditions of the permit/rahdari have been duly satisfied in the prescribed manner. (d) The application for grant of permit/rahdari may be rejected by the Licensing Authority without giving any reason therefore. (e) The Licensing Authority may cancel any such permit/rahdari if he is satisfied that any of these rules are being infringed by the dealer concerned. SUBMISSION OF MONTHLY RETURNS 4. The dealer shall submit to the Licensing Authority a monthly return in Form PR-4 reqularaly so as to reach the Licensing Authority before 7th of each ensuing month. A `NIL' return has to be submitted even if there is no dispatch in a month. MAINTENANCE OF REGISTER 5. The Licensing Authority shall keep a Register in the Form PR-5 wherein the particulars of the registration of the dealer may be maintained properly. Record of the accounts of purchase and disposal shall be maintained in register in firm PR-4 by the Licensing Authority. APPEAL 6. Aggrieved by a decision of the Licensing Authority an appeal shall lie to the Government within thirty (30) days of the date of the decision. File decision of the Government shall be final. By order of the Governor of Balochistan. S.R. Poonegar, Secretary, Industries, Commerce Mineral Resources Department, Government of Balochistan, Quetta. See Balochistan Gazette Extra Ord: Dated (Page No.) FORM PR-1. (See rule-3 (1) APPLICATION FOR PERMISSION TO DESPATCH OF MARBLE/COAL UNDER THE BALOCHISTAN MARBLE AND COAL (PERMIT/RAHDARI PROCEDURE) RULES, 1978 1. Name of application/dealer -------------------------------------------- 2. Father's name. -------------------------------------------- 3. Caste or tribe. -------------------------------------------- 4. Permanent address. -------------------------------------------- 5. Temporary address. -------------------------------------------- 6. Name and quantity of the mineral purchased and in tended to be dispatched. -------------------------------------------- 7. Name of province to which the minerals to be dispatched. -------------------------------------------- 8. Means of transportation. By rail/By road. 9. In case the mineral is to be dispatched by rail, the name of loading station and railway plot may be indicated. -------------------------------------------- Signature -------------------- CERTIFICATE OF THE MINING CONCESSIONAIRE Certified that we have sold/agreed to sell___________Metrictons of coal/marble to M/s. _____________ from out mining area under Prospecting Licence/Mining Lease ___________No.______________ The mineral shall be supplied by us within ______________months from (Indicate dates) Signature of owner/ Dated:__________________ Managing Director____________ GOVERNMENT OF BALOCHISTAN DIRECTORATE OF MINERAL DEVELOPMENT QUETTA FOR PRICE PER SET RE. ONE ONLY. FORM PR-2 (See Rule 3(2) APPLICA'T'ION FORM FOR REGISTRATION OF PERSON INDIVIDUAL/AGENCY/ASSOCIATION DEALING IN PURCHASE AND SALE OF MINERALS FURNISHING OF FALSE OR INCORRECT INFORMATION MAY LEAD TO SUMMARY REJECTION OF APPLICATION AND IN ADDITION THE APPLICAT. MAY BE LIABLE FOR ACTION UNDER RULE_______________ 1. Name of dealer-------------------------------------- 2. Father's name --------------------------------------- 3. Address of the Individual/dealer/agency/association:- Street/road___________ town______________ Tehsil____________ District______________ Telephone No. if any _________________________ 4. Name of mineral (s) dealing in ____________________________ 5. Principal place of business.----------------------------------------- 6. If the individual/Agency/Dealer/Association is a member of association, give its No. and date.______________________________________________ 7. If the agency is partnership firm/company, the name of the partners/share holders/directors should be indicated: 1 ................................ 2 ................................ 3................................. 4 . 8. Bank reference ________________________. Signature (s) of the applicant (s). Fore official use only. Fee paid Rs.____________ Vide challan No. ________ Date Registration No. allotted. ______________ Signature of the Officer Incharge FORM PR-3 (See Rule 3 (3) PERMIT/RAHDARI TO DESPATCH/REMOVAL OF MARBLE/COAL UNDER THE BALOCHISTAN MARBLE AND COAL (PERMIT/RAHDARI PROCEDURE) RULES, 1978 This is to certify that Mr./M/S.___________________________________ S/O__________________________Caste___________________ Tehsil_____________ District_______________have/has been permitted to dispatch/remove ____________metrictons of Marble/Coal by rail/road from__________ loading station to______________ This permit is issued subject to the conditions as prescribed in the above rules and will remain in force till_________________. It shall be returned to the Licensing Authority by the___________________________ Licensing Authority, Dated:__________________ Mineral Development, Quetta. Copies are forwarded to:- 1. M/S._____________________ (name of company). 2. The Divisional Superintendent Pakistan Railways, Quetta. 3. The Station Master____________________________. CERTIFICATE Certified that the conditions of the above permit has been satisfied and that the mineral dispatched by the above dealer does not exceed that mentioned in the permit. Signature___________ No._____________/ Managing Director of the Company. Dated.__________/ To ------------------- ------------------- ------------------- FORM PR-4 (See Rule-1) MONTHLY PURCHASE AND DISPOSAL RETURN For the month of ___________________ Name of the dealer and address________ Registration No. ___________________ D.M.D. Permit No. ________________ Name of Mineral __________ Valid upto _______________ Stock at the beginning of the month i.e. Opening Balance Purchase during the month. Total Coal 1 and 2 Dispatches By rail By road Total dispatches. Stock at the end of the month i.e. Closing Balance 1 2 3 4 5 6 7 SOURCE OF PURCHASE (Give details of item 2) A. If purchase from the producing company i.e. concessionaire. Name of company Tonnage. Location of Mine Location of stocking place. Total 1 2 3 4 5 B. If dispatched to other then the consumer. Name of the agent. Registration Tonnage. Location of stocking place. Total. 1 2 3 4 5 DISTRIBUTION OF PURCHASES (Give details of item 4) A. If dispatched to other than the consumer. Name of buyer/agent Registration No. Tonnage Loading Point Destination Transport by rail Transport by road Total dispatches. 1 2 3 4 5 6 7 8 B. If dispatched directly to consumers. Name of consumer Tonnage Loading Destination Transport by rail Transport by road Total dispatches 1 2 3 4 5 6 7 FORM PR-5 (See rule-5) GOVERNMENT OF BALOCHISTAN DIRECTORATE OF MINERAL DEVELOPMENT QUETTA S. No. Name and address of the dealer.. Name of mineral for which registration has been applied for. Principal place of business. Registration No. with date of allotment. Amount of fee paid vide challan No. and date. Period of registration. Date of first renewal. Date of second renewal. Signature of Officer incharge with date. 1 2 3 4 5 6 7 8 9 10 THE BALOCHISTAN MINING CONCESSIONS (ACQUISITION) ACT, 1973 (Bain Act VIII of 1973) CONTENTS SECTIONS Preamble. 1. Short title, extent and application. 2. Definitions. 3. Preliminary Notice. 4. Hearing of objections. 5. Declaration of Mining Concession required for public purpose. 6. Vesting of the Mining Concessions in Government absolutely. 7. Compensation. 8. Magistrate to enforce surrender. 9. Disposal of the acquired Mining concession. 10. Bar on Jurisdiction of Courts. 11. Exemptions. 12. Provisions of this Act to override other laws. 13. Powers to make Rules. Mining Concessions [1973: Bain Act VIII (Acquisition) SECTIONS 14. Repeal. THE BALOCHISTAN MINING CONCESSIONS (ACQUISITION) ACT, 1973 (Baln Act VIII of 1973) [12th June, 1973] An Act to empower the Provincial Government to acquire certain mining concessions in the Province of Balochistan Preamble. WHERASE it is expedient in the public interest to acquire Preamble certain mining concessions in the Province of Balochistan. It is hereby enacted as follows:- 1. Short title extent and application. (1) This Act may be called the Balochistan Mining Concessions (Acquisition) Act, 1973. (2) It extends to the whole of the Province of Balochistan except the Tribal Areas. (3) It shall come into force at once. 2. Definitions. (1) Expressions used herein and not defined otherwise shall have the same meaning as are assigned to them in the Balochistan Mining Concessions Rules, 1970. (2) Unless there is anything repugnant in the subject or context "Mining Purposes" include the sinking and searching for, mining working, getting, making merchantable. smelting or otherwise converting or working for the purposes of any manufacture. carrying away in mines and outside it already excavated. 1. The Act was passed by the Balochistan Assembly on 10th January 1973 and assented to by the Governor or Balochistan on 2nd June 1973: published in the Balochistan Gazette (Extra-ordinary) No. 23 dated 12th June 1973. Mining Concessions [1973: Baln Act VIII] (Acquisition) 3. Preliminary Notice. (1) Whenever the Government is satisfied that a shining concession is needed for a public purpose it may acquire such mining concession in accordance with the provisions of this Act. (2) If the Government intends to acquire any mining concession, the particulars and description of the same shall be published by notification in the official Gazette. 4. Hearing of objections. (1) A lessee or a licensee of the mining concession which has been notified under sub-section (2) of Section 3, may, within a period of thirty days of the publication of such Notification, object to the acquisition of his mining concession. (2) Every 'objection under sub-section (1) shall be made to the Licensing Authority in writing and the Licensing Authority shall give the objector an opportunity of being heard and shall, after making such further inquiry, if any, as he thinks necessary, submit the case to the Government together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the Government on the case shall be final. 5. Declaration of Mining Concession slon requited for public purpose. (1) After the expiry of a period of thirty days of the publication of Notification under section 3(2) or after the decision of the of the Government on an objection, if any, filed under section 4(1), the Government shall make a declaration to the effect that the mining concession in question has been acquired for public purposes. (2) The declaration referred to in sub-section (1) shall be published in the official Gazette. (3) The said declaration shall be conclusive evidence that the property has been acquired for a public purpose. [1973: Bain Act VIII] Mining Concessions (Acquisition) 6. Vesting of the Concessions in Mining Government absolutely. (1) Upon the publication of Notification under sub-section (2) of section 5, the mining concession shall vest absolutely in the Government free from all encumbrances and charges. (2) Upon the publication of Notification under sub-section (2) of section 5, the Licensing Authority or a person duly authorised by the Licensing Authority in this behalf, may enter upon and take possession of the area of mining concession acquired by the Government. 7. Compensation. (1) A lessee or a licensee may, within a period of a thirty days from the taking over of possession by the Licensing Authority under section 6, apply to the Committee constituted by the Government, constitution of which shall be notified by the Government in the official Gazette for determination of compensation of the acquisition of such mining concession. (2) Application under sub-section (1) shall be in writing and shall give details upon which compensation is claimed. (3) The Committee appointed under sub-section (1) of section 7 shall give an opportunity to the applicant to adduce evidence in support of his claim and shall also call upon the Licensing Authority to produce evidence in support of his case. (4) Alter hearing both the parties the Committee shall determine the amount of compensation. While giving the Award, the Committee shall keep in view the developments made by the Licensee or lessee and the benefits derived by him from such concession, and shall also take into consideration improper working of the mine, violation of law, regulation rules and directions given together with the consequences of such violations. (5) The AWARD made by the Committee shall be final and shall not be called into question in any Court. Mining Concessions [1973: Baln Act VIII] (Acquisition) 8. Magistrate to enforce surrender. If the Licensing Authority or any person authorized on his behalf is opposed or impeded in taking possession of the area of concession under this Act, he shall apply to a Magistrate, having jurisdiction in the area and such Magistrate shall enforce the surrender of the area of the mining concession to the Licensing Authority. 9. Disposal of the acquired Mining concession. The mining concession acquired under this Act may be granted to any of the following: (a) The Mineral Directorate of Government of Balochistan. (b) A Corporation set-up for the purpose by the Government; (c) Any statutory corporation; (d) Government in partnership with a private company. 10. Bar on Jurisdiction of Courts. Action taken, order made, proceedings held or decision given under this Act and the rules made thereunder, shall not be called into question in any Court, including the High Court and the Supreme Court. 11. Exemptions. Government may exempt any mine or class of mines or mining concession from the operation of this Act; and may release any mine from acquisition in favour of the original lessee or the licensee, on such terms as it may deem fit. 12. Provisions of this Act to override other laws. The provisions of this Act shall prevail notwithstanding anything contained to the contrary in any other law. 13. Powers to make rules.--The Government may make rules for carrying out the purposes of this Act. 14. Repeal.--The Balochistan Mining Concession (Acquisition), Ordinance, 1912 (Balochistan Ordinance No. XV of 1972) is hereby repealed.