RULE-14
Restriction on exercise of rights by holder of mineral title or mineral concession
Act: Balochistan Mineral Rules 2002
Section Provisions
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 14. Restriction on exercise of rights by holder of mineral title or mineral concession. (1) The holder of or mineral title or a mineral concession shall carry on exploration or mining apparitions at or upon any point within a distance of - (a) fifty metres from the boundary of the exploration area or, as the case may be the mining area; (b) one hundred metres from any railway line reservoir, canal or other public works or buildings. (2) The holder of a mineral title or a mineral concession shall not erect any building or carry oil any surface operations upon - (a) any public pleasure ground, burning or burying ground; or (b) any place held sacred by any class of persons; or (c) any house or village site, or public road or on any other place, which the licensing authority may exclude from such operations. (3) The holder of a mineral title or a mineral concession shall not, without the written permission of the appropriate authority (a) cut or illlure any tree on occupied land or in all unreserved forest; (b) disturb the surface of any road; (c) enter on any public pleasure ground, burning or burial ground or place held sacred by any class of persons; or (d) interfere with any right of way, well, tank or cultivable agricultural land. (4) All surface operations conducted tinder .the authority of these Rules within a reserved or protected forest shall be subject to such conditions as the Forest Department may. by general or special order, from time to time, prescribe. (5) In the event of any disagreement between the Forest Department and the holder of a mineral title, or a mineral concession the matter shall he referred to the Secretary of tile Department for a final decision on the matter. (6) Before occupying any land for surface operations or clearing any land, the holder of a mineral title or a mineral concession shall give to the licensing authority one month's previous notice in writing specifying by name or other sufficient designation and quantity the land proposed to be occupied and the purpose for which it is required. (7) The licensing authority shall at any time within one month from the receipt of a notice given pursuant to sub-rule (6) state the objections, if any, on grounds of public interest to the proposed site, and the holder of the mineral title or a mineral concession in question shall not proceed with any, of the operations mentioned in that sub-rule until the objections are removed. (8) The holder of a mineral title or a mineral concession shall - (a) pay such reasonable compensation as may he assessed by lawful authority in accordance with tile law in force on the subject applying to the lands to which the title or concession relates for all damage, injury or disturbance which may be done by tile holder in exercise of the powers granted by the title; and (b) indemnify the Government against all claims which may be made by third parties in respect of any such damage, injury or disturbance. (9) In the event of any dispute with respect to the payment of compensation pursuant to sub-rule (8)(a), the matter shall be referred to the government, whose decision shall be final. (10) In the case of a boundary dispute between two or more holders of mineral titles or mineral concessions, the matter may be referred to the licensing authority for final decision.