RULE-2

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:-- PART I PRELIMINARY 2. Definitions -In these Rules unless there is anything repugnant in the subject or context: (a) "assignee" means a person to whom a mineral title is assigned or transferred under these Rules; (b) "associated mineral" .means a mineral which is combined or associated with the mineral or minerals to which a mineral title relates in such circumstances that it is physically impossible to mine the mineral or minerals included in the mineral title without also mining the associated mineral; (c) "authorised officer", in relation to any provision of these Rules, means a person delegated with the power under rule 4(1) (d) "Rules of Business" means the Balochistan Government Rules of Business, 1976, as amended from time to time (e) "company" means (i) a company as defined in the Companies Ordinance, 1984 (XLVII of 1984); (ii) a body corporate formed 6y or under any law for the time being in force in Pakistan; or (iii) a body corporate incorporated by or under the law of a country outside Pakistan relating to the .incorporation of companies; (f) "concession" means prospecting licence or mining lease under rules 76 and 83. (g) "conditions" includes terms, limitations and stipulations; (h) "Constitution" means the Constitution of the Islamic Republic of Pakistan; (i) "Department" means a separate self contained administrative unit in the secretariat responsible for the conduct of business of mines and minerals of the Provincial Government in a distinct and specified sphere, (j) "Directorate General" means the section of the Department with responsibility for the grant of mineral titles and mineral concessions; (k) "drilling" means the perforation of the earth's surface otherwise than by pitting, trenching or sinking a shaft, whether the hole is vertical, inclined or horizontal, and includes all operations for preventing the collapse of the sides of the hole or for preventing the hole from becoming filled with extraneous matter, including water; (l) "exploration" means intentionally to search for minerals, and includes the determination of their extent and economic value: (m) "exploration area" means the area of land, including its lateral limits, to which an exploration licence relates; (n) "exploration licence" means an exploration licence issued under Rule ?8: (o) "exploration operations" means and operations carried on in connection with exploration, including any accessing, extraction or, incidental .winning of any mineral for the purpose of mineralogical examination, assaying, test work or marketability surveys; (p) "functions" includes powers and duties: (q) "good reconnaissance practices", "good exploration practices", or "good mining practices" means practices which are generally accepted internationally by persons involved in reconnaissance operations, exploration operations, or mining operations, as the case may be, as good, safe and necessary in carrying out such operations; (r) "Government" means the Government of Balochistan; (s) "Governor" means the Governor of Balochistan; (t) "group"; in relation to minerals, means minerals declared in the Third Schedule to constitute a name of groups of minerals; (u) "in default" means in breach of any provision of these Rules or of any condition of a mineral title or a mineral concession; (v) "land" includes land beneath water and the subsoil of land; (w) "lateral limits", in relation to an area of land subject to a mineral title or a mineral concession, means the vertical lines passing through the sides by which that area is bounded; (x) "lessee" means the person or a company who is the holder of a mining lease and includes the successor in interest and the permitted assignee of such a person; (y) "licensee" means, an appropriate, person or a company who is the holder of a reconnaissance licence, an exploration licence, a mineral deposit retention licence or a prospecting licence and includes the successor in interest and the permitted assignee of such a person; (z) "licensing authority" means the Technical Head of the Directorate-General of Mines and Minerals to whom applications for mineral titles or mineral concessions are to be submitted and who is empowered to grant mineral titles and mineral concessions pursuant to these Rules; (za) "mine" means - (i) when used as a noun, any surface or underground excavation where any operation for the purpose of searching for or obtaining a mineral has been or Ps being carried on, and includes all works, machinery, tramway, ropeway and siding, whether above or below ground, in or adjacent or belonging to or appurtenant to a mine but does not include the manufacturing or processing plant; or (ii) when used as a verb, means to carry on mining operations; (zb) "mineral" means all surface and sub-surface natural deposits of ores and metals and other metallic and non metallic substances, but does not include - (i) radioactive minerals necessary for the generation of nuclear energy (ii) mineral oil; or (iii) natural gas; (zc) "mineral agreement" means an agreement referred to in Rule 9; (zd) "mines committee" means the mines committee established under Rule 3; (ze) "mineral deposit retention licence" means a mineral licence issued under Rule 39; (zf) "mineral operations" means exploration operations or mining operations or both; (zg) "mineral title" means a reconnaissance licence, an exploration licence, a mineral deposit retention licence or a mining lease; (zh) "mining area" means an area of land, including its lateral limits, to which a mining lease relates; (zi) "mining lease" means a mining lease issued under Rules 49 and 83; (zj) "mining operations" means any operations carried out in connection with the development of a mine, or the production of minerals from the mine, or both; (zk) "Prospecting Licence" means a licence issued tinder Rule 78. (zl) "reconnaissance area" means the area of land, including its lateral limits, to which a reconnaissance licence relates; (zm) "reconnaissance licence" means a reconnaissance licence issued under Rule 20; (zn) "reconnaissance operations" means any operations carried on in a general search for any mineral by means of aerial sensing techniques, including geophysical surveys, photogeological mapping or imagery carried on from the air, and reconnaissance shall be construed accordingly; (zo) "registered mine surveyor" means a mine surveyor who is registered by the licensing authority pursuant to rule 65 ; (zp) "retention area" means the area of land, including its lateral limits, to which a mineral deposit ,retention licence relates; (zq) "Schedule" means any of the Schedules annexed to these Rule's; (zr) "Secretary" means the Secretary to the Department and such term shall include any person within the meaning of the term as defined in clause (XX) of Rule 2(1) of the Rules of Business; (zs) "small scale mining" has the meaning given by rule 74.