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RULE-23

Rights of licensee

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-3 Exploration Licence 23. Rights of licensee. (1) Subject to these Rules and the conditions of the licence, an exploration licence shall confer on the licensee - (a) the exclusive right to carry on exploration operations in file exploration area in respect of any mineral or group of minerals to which the licence relates; (b) subject to the rights of the surface holder, the right to enter and occupy the land which comprises the exploration area for the purpose of carrying out exploration operations; (c) the right to take and use water on or flowing through such land for any purpose necessary for exploration operations subject to and in accordance with the provisions of the relevant legislation relating to water but in the exercise of such right the licensee shall not deprive any lands, villages or houses or watering places for cattle, of a reasonable supply of water; (d) with the prior permission in writing of the licensing authority generally or in any particular case, the right - (i) to remove from the exploration area under valid Rahdaries any mineral or group of minerals or sample thereof, for the purposes of testing, assaying or pilot plant studies, from any place where it was found or incidentally won in the course of such exploration operations to any other place whether within or outside Balochistan, or subject to such other permission as may he required under other relevant legislation outside Pakistan: and (ii) to sell or otherwise dispose of limited amounts of any such mineral or group of minerals or of material excavated during exploration operations; and (e) subject to sub-rule (2) to do all other things, including the erection or construction of ancillary works in the exploration area as may be reasonably necessary for, or in connection with, any exploration operations referred to in clause (a). (2) The provisions of clause (b) of sub rule (1) of Rule 16 (erection or construction of ancillary works) and sub-rule (2) of that Rule shall apply with necessary modifications in relation to a licensee wishing to erect or construct ancillary works under sub-rule (1) as they apply in relation to a licensee wishing to do so under Rule 16. (3) Except as provided in paragraph (d) of sub-rule (1) of Rule 23, the holder of an exploration licence shall not remove any mineral from the land where it was found in the course of carrying on exploration operations referred to in sub-rule(1) without the written permission of the licensing authority. (4) Where the licensing authority grants the holder of an exploration licence permission under sub-rule (3), subject to conditions, the holder of the exploration licence shall comply with the conditions specified by the licensing authority when removing the mineral.