RULE-119

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 VI MISCELLANEOUS 119. Inspection by authorised officers.-(1) For the purposes of these Rules, an authorised officer may, on behalf of the licensing authority, at all reasonable times (a) enter any area, structure, vehicle, vessel, aircraft or building that, in the opinion of the authorised officer has been, is being or is to be used in connection with reconnaissance; exploration or mining operations; (b) inspect and test any machinery or equipment that, in the opinion of the authorised officer has been, is being or is to be used in connection with any of the operations referred to in paragraph (a): (c) take or remove for the purpose of analysis or testing, or for use in evidence in connection with an offence against these Rules, samples of minerals or other substances from a mine or any area where any of the operations referred to in paragraph (a) are being carried on; (d) inspect all books, records and accounts, contracts and other documents relating to mineral operations; (e) inspect, take extracts from and make copies of - (i) any data, as defined in rule 108(4); or (ii) any maps or plans, relating to any of the operation, referred to in paragraph (a); or (f) may make such examinations and inquiries and issue such orders or directions as are necessary to ensure compliance with the provisions of these Rules, and any directions issued, conditions imposed or orders made, by the licensing authority under these Rules. (2) Before exercising any powers under sub-rule (1), an authorised officer shall show identification to - (a) any person who is, or appears to be, in charge of the area, structure, vehicle, vessel, aircraft, building, machinery, equipment or matter or thing in respect of which the power is about to be exercised; and (b) any person to whom the authorised officer is about to give an order or a direction. (3) The licensing authority - (a) may implement measures to check the production and transportation of minerals, including the installation of barriers and issue of rahdaries/dispatch slips duly countersigned/stamped/sealed by an officer authorised by the licensing authority, (b) shall notify the holder of a mineral title or a mineral concession of such measures; (4) The holder of a mineral title or a mineral concession shall be responsible for any violation of measures referred to in sub-rule (3) by the carrier who transports minerals on behalf of that holder. (5) Any person who is aggrieved by an action of an authorised officer made under this Rule may appeal in writing to the licensing authority which shall, as soon as practicable, hear and deposit of the appeal, but the bringing of the appeal will not affect the operation of the action direction or order appealed from pending disposition of the appeal, in case the relevant record is not provided. (6) On an appeal under sub-rule (5), the licensing authority may rescind or affirm the action; direction or order appealed from or may make a new decision, direction or order in substitution therefore. (7) A person aggrieved by a decision of the licensing authority may appeal against that decision to the Secretary and the provisions of Rule 70 shall apply in relation to that appeal. (8) In exercising powers under sub-rule (1), an authorised officer may be accompanied by any person whom the authorised officer believes has special or expert knowledge of any matter being inspected, tested or examined. (9) A person who is an occupier or person in charge of any building, structure or place, or the person in charge of any vehicle, vessel, aircraft, machinery or equipment referred to in sub-rule (1), shall provide an authorised officer with all reasonable facilities and assistance for the effective exercise of the authorised officer's powers under this Rule.