RULE-13

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 III MINERAL TITLES AND MINERAL CONCESSIONS Division 1 General 13. General conditions of mineral title or mineral concession. (1) In addition to any conditions contained in a mineral title, a mineral concession or a mineral agreement, it shall be a condition of a mineral title or a mineral concession that the holder of the mineral title or mineral concession shall - (a) exercise any right granted to the holder by or under these Rules reasonably and in such manner that the rights and interests of the occupier of any land to which the title relates are not adversely affected except to the extent that the occupier is compensated; (b) employ technically qualified and competent persons to carry on the operations to which the title relates including, but not limited to, the preparation of any accounts, maps, plans, programmes, reports and studies, and the execution of any works required under these Rules: (c) in the employment of all grades of employees, give preference to citizens of Pakistan, and in particular those in Balochistan, who possess appropriate qualifications, expertise and experience for the purposes of the operations to be carried on under the mineral title or mineral concession; (d) implement measures, including appropriate training programmes in order to encourage and promote the education and development of citizens of Pakistan, and in particular, those in (e) with due regard to the -need to ensure technical and economic efficiency, snake use of products or equipment manufactured or produced and services available, within Balochistan. (f) co-operate with other persons involved in the mining industry to enable citizens of Pakistan, and in particular, those in Balochistan to develop skills and technology to render services in the interest of that industry in Balochistan. (g) take measures to prevent damage to the environment, and where some adverse impact on the environment is unavoidable, take measures to minimise such impact. (h) mike good any damage caused to the environment in so far as possible during the course of exploration or mining operations and on the cessation. Of such operations due to expiry surrender or cancellation of the mineral title or mineral concession otherwise: (i) in the case of a company, give to the licensing authority notice of any Change in its name, registered address, directors, share capital memorandum or articles of association or Constitution or of beneficial ownership of more than five per cent of the issued share capital: (j) carry out the mineral operations in such a manner as not to encroach on any area not included in the mineral title or mineral concession; (2) It shall be a condition of every mineral title or mineral concession that - (a) before the commencement of mineral operations within a reserved or protected forest, thirty days notice in writing shall be given to the District or Divisional forest officer of the intention to commence the operations; (b) the operations shall be conducted subject to any conditions that such officer may prescribe pursuant to Rule 14 (4); (c) the holder of the title or concession shall make such contributions to the Government for the benefit of the local population to be used for such purposes as may be specified in the title or concession or the mineral agreement; (d) on the expiry, termination, surrender or cancellation of the title or concession, the holder thereof, in accordance with good mining practices, shall - ??????????? (i) fill up all excavations on the land to which the title or concession relates; ??????????? (ii) securely plug all mines on such land; ??????????? ??????????? (iii) remove all equipment, installations and structures there from; and ??????????? (iv) take such action as may be necessary to restore the land in so far as possible, ???????? to its original condition and to prevent hazards to human or animal life or to the ????? property of others or to the environment, provided that the holder shall not be ?????? liable to restore the surface of land in respect of which full compensation has been ? paid under Rule 14 (8). (3) A mineral title or mineral concession may make provisions - (a) for the pre-emption of minerals by the Government in such circumstances and on such conditions as are specified in the title or concession, subject to the payment of the fair market. Price determined on the basis so specified: (b) for the disputes which may be settled by arbitration; and (c) with respect to any of the matters referred to in Rule 9(3), as appropriate other than paragraph (f). (4) The holder of a mineral title or mineral concession shall, at the holder's own expense, erect and at all times maintain and keep in repair, boundary marks and pillars according to the demarcation shown in a plan annexed to the mineral title or mineral concession and in accordance with the provisions of the following sub-rules. (5) For the purposes of sub-rule (4) and subject to sub-rule (6), the holder of a mineral title or mineral concession shall, within sixty days of the issue of such mineral title or concession, cause the area of land to which the title or concession relates to be accurately demarcated in accordance with the procedures specified in sub-rule (13). (6) For the purposes of sub-rule (4), the holder of a mineral title or mineral concession may - (a) cause the demarcation required under that sub-rule to be carried out by a registered mine surveyor; or (b) request the licensing authority to carry out that demarcation. (7) where the holder of a mineral title or mineral concession acts pursuant to sub-rule (6)(a), the holder shall submit to the licensing authority, a certificate in a form acceptable to the licensing authority, (in this rule referred to as a demarcation certificate) prepared and signed by the registered mine surveyor certifying that the demarcation was carried out to the best of that surveyor's ability and in accordance with the relevant survey data. (8) where a request is made to the licensing authority under sub-rule (6) (b), the holder of the mineral title or mineral concession shall deposit in the relevant provincial head of account a demarcation fee in the amount specified in the First Schedule or such other amount as may be specified by notification by the Government, froth time to time. in the Official Gazette. (9) On receipt of a demarcation certificate, under sub rule (7) the y licensing authority shall, as soon as practicable, cause the boundary demarcation to be physically checked by a competent official who shall, with the prior permission of the licensing authority, make any necessary correction in the demarcation to which that certificate relates. (10) The holder of a mineral title or mineral concession shall deposit, in the relevant Provincial head of account the fee specified in the First Schedule for meeting the expenses of the checking of the boundary demarcation referred to in sub-rule (9) or such other fee as may be notified by the Government in the Official Gazette from time to time. (11) The holder of a mineral title or mineral concession shall not commence any operations to which that title or concession relates - (a) unless a demarcation certificate has been submitted pursuant to sub-rule (7) and accepted by the licensing authority; or (b) without the written permission of the licensing authority, where tile demarcation is carried out by the licensing authority. (12) The procedures in relation to a demarcation are as follows - (a) at every angle or corner of each boundary, or as near thereto as is practicable, six (6) pillars of substantial material shall be fixed being not less than two (2) feet square or diameter at the base and standing not less than two (2) feet above tile surface of tile ground: (b) the direction of the boundary line or each pillar shall be indicated by a trench, four (4) feet long and mot less than ax (6) inches wide and not less than six (6 ) inches deep: (c) each pillar shall bear or have affixed thereto, some distinguishable marks; (d) where the land is on the sea shore, it shall not be necessary to mark out the land below high water level; (e) no pillar shall be removed without the permission of the licensing authority; (13) The provisions of this rule (12) shall also apply to a mineral concession.