MINES AND MINERALS

(1) Subject as hereinafter provided the absolute ownership of all minerals is hereby vested in the Republic.

(2) The provisions of subsection (1) relating to the vesting of minerals shall have effect notwithstanding any right of ownership or otherwise which any person may have to the soil on or under which minerals are found or situated.

(1) No person shall mine, prospect for, process, collect, remove, sell or export any mineral except under the authority of a licence issued in that behalf under the provisions of this Law and the regulations made thereunder:

Provided that any person who prior to the date of commencement of this Law had commenced to mine, prospect for, process or collect any mineral may, notwithstanding that he is not the holder of a licence, continue to do so for a period of three months from that date or, where he has applied for a licence within such time, until the final determination of his application, but any mineral mined after that date shall not be removed from the mine or disposed of except with the prior written permission of the Director.

(2) A licence issued to any person under this Law to mine any mineral may transfer to the licensee the ownership of any mineral mined under the authority of the licence.

(1) On receipt of an application made under section 5 for a licence, the Director may issue a licence on payment of the prescribed fee or may refuse to issue a licence.

(2) A licence issued under this Law shall be in such form as may be prescribed and shall be subject to any conditions set out therein.

(3) Any licence issued under this section shall remain in force for such period as shall be specified therein and shall be renewable.

(4) A licence issued under this Law shall not be transferable.

(1) Where the holder of a licence being a limited liability company becomes bankrupt or is adjudicated an insolvent or goes into liquidation, the licence and all rights conferred by such licence shall terminate forthwith.

(2) Where the holder of a licence dies or becomes bankrupt or is adjudicated an insolvent, the licence and all rights conferred by such licence shall terminate forthwith.

(3) Where the holder of a licence being a partnership is dissolved such licence and all rights conferred by such licence shall terminate forthwith.

(4) Where the holder of a licence is a partnership and one of the partners die such licence and the rights conferred by such licence shall terminate forthwith :

Provided, however, that where the death of one of the partners does not operate as to dissolve a partnership the licence and the rights conferred by such licence shall remain unaffected.

(a) if any of the conditions specified in such licence is contravened;

(b) if any specific direction given to the holder of a licence is not carried out;

(c) if wasteful mining is carried on despite prior warning against such mining; or

(d) where mining operations have been suspended for a period of over six months without the permission of the Director.

(1) The Director shall not issue a licence to any person-

(2) In addition to any conditions that may be imposed by regulations made under this Law, the Minister or Ministers, as the case may be, may approve the grant of any licence under subsection (1), subject to such further conditions as may be determined by such Minister or Ministers. Where approval is granted subject to any conditions, the Director shall cause such conditions to be specified in the licence.

(a) any land situated within the distance prescribed under section 24 of the Antiquities Ordinance; and

(b) any land declared under section 33 of that Ordinance to be an archaeological reserve for the purposes of that Ordinance.

(a) inspect any mine and carry out such investigation or survey as he deems necessary;

(b) supervise mining operations and give directions as to the working of any mine;

(c) ascertain whether any nuisance has or is being caused as a result of mining operations;

(d) take such steps or give such directions for the purpose of enforcing the provisions of this Law or to abate or remove any nuisance ;

(e) examine books, records and other documents relating to any mine or mining operations;

(f) to collect samples or specimens of minerals from any mine;

(g) to obtain any information from any person employed in any mine or engaged in any mining operations.

(a) in the case of the Director, any of his powers; and

(b) in the case of any officer, such powers as may be delegated to him.

(1) For the purposes of carrying out any surveys or ascertaining the existence of minerals the Director or any officer authorized in that behalf in writing by the Director may-

(2) The Director shall in writing and by notification published in the Gazette give the owner and occupier of the land notice of his intention to enter such land for the purpose specified therein at least fourteen days before the date of such entry.

(3) The Director shall take all reasonable precautions to minimize the damage to the land and inconvenience to the owner and occupier thereof.

(4) The owner, occupier or both such owner and occupier of the land, as the case may be, shall be paid such compensation in respect of any damage caused as may be determined by the Director.

(5) The Director shall at the termination of the survey cause all machinery and equipment to be removed from such land and all excavations to be covered.

(1) Where the Director is satisfied that due to any flooding or caving that has occurred or is likely to occur in any mine or by reason of the non-compliance of the provisions of this Law there is danger of injury to any person in any mine or in the vicinity of a mine he may by order in writing served on the licensee or manager of the mine prohibit further work to be carried out in such mine, until he revokes such order after being satisfied that the cause for the danger has been removed.

(2) An order served under subsection (1) shall take effect as soon as it is served.

(3) Where any mine is worked in contravention of an order served under subsection (1) the manager as well as the licensee shall be guilty of an offence.

(1) The licensee of a mine shall-

(2) Where any manager relinquishes or is removed from office, the licensee shall within one month of such date appoint a new manager.

(3) The name and address and details of qualifications and experience of any person appointed as manager under this section shall be communicated to the Director.

(a) the location of the mine;

(b) the date on which the mine was opened;

(c) details of the minerals to be mined;

(d) a programme of work proposed to be carried out during the first three months;

(e) the quantity of minerals proposed to be mined during the first three months; and

(f) the purposes for which the minerals are to be utilized.

(a) details relating to the output of minerals during the preceding three months;

(b) the number of workers employed during the preceding three months;

(c) the depth of the mine at the end of the preceding three months ; and

(d) information relating to any accidents that may have occurred during the preceding three months.

(1) a log book for the use of the Director and other officers;

(2) a register of all persons employed in the mine showing in respect of each such person-

(3) a register or map showing in what part of the mine any worker is employed at any particular time.

(1) The licensee or manager of a mine shall not employ any worker in any underground working in the mine, which, in the opinion of the Director, is not adequately ventilated.

(2) The prescribed precautions against noxious gases shall be adopted in every mine before work is resumed in any shaft which has remained unused for any period exceeding such time limit as may be prescribed.

(1) all shafts, adits, levels, galleries and underground passages shall, at all times when necessary, be timbered and supported, in a manner capable of ensuring the safety of all persons working in or passing through them;

(2) all such fencing shall be erected and maintained as may be necessary to prevent any danger or damage to man or beast;

(3) such ladderways or other means shall be provided and maintained as will furnish effectual means of exit from any underground working, or of ascent or descent without the aid of winding machinery;

(4) the mouth of every shaft, which for the time being is out of use or used only as an airshaft, shall be surrounded with a substantial wall or fence;

(5) every abandoned shaft shall be filled in as soon as it ceases to be required for any further use ; and

(6) every shaft which is not being worked shall be kept securely fenced until it is filled in.

(1) No blasting powder, high explosives or petroleum or other inflammable oil in bulk, or other substance of an explosive or dangerous nature, shall be stored, placed, or used in or near any mine or mining area or building, except in such place, in such quantities, in such manner, and under such conditions, as may be prescribed.

(2) No detonator, match or fuse or highly inflammable substance or liquid shall be stored together with any other explosive or inflammable substance or liquid in or near any mine or mining area or building.

(1) No young person shall work or be engaged or permitted to work underground in a mine except as hereinafter provided.

(2) No young person who has not completed the age of sixteen years shall work or be engaged or permitted to work underground in any mine.

(3) On the application of any young person who has completed the age of sixteen years and who wishes to work in a mine, or of the parent or guardian of such young person, or of the manager, of the mine where the young person wishes to work, the medical officer shall examine the young person, and if he is satisfied that that person has completed sixteen years of age and is fit for a full day’s work in a mine, shall issue a certificate of fitness accordingly.

(4) No young person shall work or be engaged or permitted to work in a mine, unless a certificate of fitness issued in respect of that young person is first deposited with the manager of the mine.

(5) At the time of the engagement of a young person as a worker, the manager of the mine shall issue to the young person a token bearing a reference to the certificate of fitness deposited under subsection (4).

(6) No young person shall work or be permitted to work in a mine unless he carries on his person while he is at work the token issued to him under subsection (5).

(7) Any young person working in a mine may, at the instance of an Inspector of Mines or of any other officer duly authorized by the Director, be examined at any time by the medical officer, and if upon such examination he is found to be no longer fit to work in the mine, his certificate of fitness shall be revoked by the medical officer.

(8) Every young person whose certificate of fitness is revoked under subsection (7) shall forthwith be discharged from employment by the manager of the mine.

(1) No young person shall work or be permitted to work during the night in any mine.

(2) No young person shall be ordered or compelled to work underground in a mine for more than eight hours on any one day, inclusive of one hour for meals and rest, or for more than forty-four hours during any six consecutive days.

(3) The hours of work of every young person in a mine shall be so arranged that they shall not spread over more than ten hours on any one day.

(4) No young person shall work or be permitted to work in any mine on any day on which he has already worked in any other mine for the maximum number of hours prescribed by subsection (2) for any one day.

(1) No adult worker shall be ordered or compelled to work underground in a mine for more than eight hours on any one day, inclusive of one hour for meals and rest, or for more than forty-eight hours during any six consecutive days.

(2) The hours of work of every adult worker in a mine shall be so arranged that they shall not spread over more than ten hours on any one day.

(3) No adult worker shall work or be permitted to work in any mine on any day on which he has already worked in any other mine for the maximum number of hours prescribed by subsection (1) for any one day.

(4) In the case of mines generally, or of any one or more specified mines, other limits extending the hours of work of adult workers set out in subsection (1) may be prescribed by regulation ; and this section in its application to such mine or mines,

shall accordingly be construed as if, for the limits set out in subsection (1), the limits so prescribed had been substituted.

(1) There shall be provided for the use of the workers in each mine, in such manner and according to such standards and specifications as may be prescribed-

(2) On the premises of every mine in which workers are ordinarily employed-

(1) The Minister may, from time to time, by Order published in the Gazette declare that, with effect from such date as shall be specified in the Order, the right to engage in or carry on any specified undertaking of the Corporation as shall be specified in that Order shall vest exclusively in such Corporation. Any such Order may be amended, varied or revoked by the Minister by a like Order.

(2) So long as an Order made by the Minister under subsection (1) is in force in respect of any specified undertaking of the Corporation specified in such Order, no person other than such Corporation shall engage in or carry on such specified undertaking.

(1) Any officer of the Corporation authorized by the Minister may, by notice (in this Law referred to as a “notice of claim “) published in the Gazette, declare that such immovable or movable property, other than money, as has been, or is being, or is, or was intended to be, used by any person for the purpose of engaging in or carrying on any undertaking which is similar or substantially similar to any specified undertaking of the Corporation, is required for the purposes of the Corporation. Such property is in this Law referred to as ” notified property “.

(2) The publication of a notice of claim made under subsection (1) in respect of any property shall be conclusive proof that such property is required for the purposes of the Corporation.

(3) Where a notice of claim is published under subsection (1), any officer of the Corporation authorized by the Minister may from time to time, by notice (in this Law referred to as a ” notice of disclaimer “) published in the Gazette, disclaim the need, for the purposes of the Corporation, of the whole or any part of the property included in the notice of claim and specified in the notice of disclaimer.

(4) No person shall lease, hypothecate, alienate, transfer or dispose of in any manner whatsoever to any person, other than the Corporation, the whole or any part of

(5) Any lease, hypothecation, alienation, transfer or disposal made or effected in contravention of the provisions of subsection (4) shall be null and void, and shall be of no force or avail in law.

(6) Any person shall, if requested by any authorized officer so to do, furnish to such person as shall be specified in the request information with regard to any movable or immovable property included in a notice of claim as shall be so specified.

(7) Any person who

(8) Regulations may be made under this Law

(9) For the purposes of this section, the expression ” authorized officer ” means the Chairman of the Board of Directors, or any Director or officer of the Corporation authorized in that behalf by such Chairman.

(1) The Minister may, by Order (in this Law referred to as a ” vesting Order”) published in the Gazette, vest in the Corporation, with effect from such date as shall be specified in the Order, any such notified property as has not been disclaimed by a notice of disclaimer.

(2) Before a vesting Order takes effect, the Minister may from time to time, after consultation with the Board of Directors, alter, by Order published in the Gazette, the date on which such vesting Order takes effect.

(3) A vesting Order shall have the effect of giving the Corporation absolute title to any property specified in the Order with effect from the date specified therein and free from all encumbrances.

(1) The Minister may by Order (in this Law referred to as a ” requisitioning Order “) published in the Gazette, requisition, with effect from such date as shall be specified in the Order, any notified property as is movable or immovable property in order that it may be temporarily used by the Corporation for the purposes of any specified undertaking of the Corporation.

(2) Before a requisitioning Order takes effect, the Minister may from time to time, after consultation with the Board of Directors, alter, by Order published in the Gazette, the date on which such requisitioning Order takes effect.

(3) A requisitioning Order shall have the effect of authorizing the Corporation, with effect from the date specified in the Order, to take possession of the property specified in the Order and to use such property temporarily for the purposes of any specified undertaking of the Corporation.

(4) Where any property is requisitioned by a requisitioning Order, the Minister may, by Order (hereinafter in this Law referred to as a ” derequisitioning Order “) published in the Gazette, derequisition such property with effect from such date as shall be specified in the derequisitioning Order.

(5) Before a derequisitioning Order takes effect, the Minister may from time to time, after consultation with the Board of Directors, alter, by Order published in the Gazette, the date on which such derequisitioning Order takes effect.

(6) Where, immediately before the date on which any property is requisitioned for the Corporation, a person, other than the owner of such property, was entitled to possession of such property under the terms of any lease, that lease shall be deemed for all purposes to have expired on that date.

(7) Where any property is derequisitioned by a derequisitioning Order, such Order shall be deemed to have the effect of reviving any lease subsisting on the date on which the property was requisitioned, and any question which may arise as to any right, title or interest, in or over that property shall be determined accordingly.

(1) Not with standing that any movable or immovable property has vested in the Corporation by virtue of a vesting Order, the Minister may, at any time before a determination as to compensation is made in respect of that property under this Law, by subsequent Order published in the Gazette (in this section referred to as a ” divesting Order”) revoke that vesting Order.

(2) The following provisions shall apply in any case where a vesting Order in respect of any movable or immovable property is revoked by a divesting Order:

(3) The preceding provisions of this section shall have effect notwithstanding anything in any other provision of this Law or in any other written law.

(1) Any officer of the Corporation specially or generally authorized in that behalf by the Chairman of the Board of Directors may take possession of any property vested in or requisitioned for the Corporation.

(2) Any officer of the Corporation authorized in that behalf by the Chairman of the Board of Directors shall, by notice given to the person in occupation or in possession of any property vested in or requisitioned for the Corporation or exhibited in some conspicuous place on or in the vicinity of such property,

Where such property is a motor vehicle, the notice aforesaid may be given to the registered owner of that vehicle within the meaning of the Motor Traffic Act and to any person whose name is registered with the Registrar of Motor Vehicles instead of being given to the person in possession of that motor vehicle.

(3) Any notice required to be given to any person under the preceding provisions of this section shall be deemed to be given to him if such notice is sent to him by registered letter through the post.

(4) Any person who contravenes any requirement of any notice given to him under this section shall be guilty of an offence under this Law.

(1) Every person who

any person from or in taking possession, under section 56, of any property for and on behalf of the Corporation shall be guilty of an offence under this Law.

(2) Where an officer authorized by the Chairman of the Board of Directors under section 56 to take possession of any property for and on behalf of the Corporation is unable or apprehends that he will be unable to take possession of such property because of any obstruction or resistance that has been or is likely to be offered, he shall on his making an application in that behalf to the Magistrate’s Court having jurisdiction over the place where that property is ordinarily kept or situated, be entitled to an order of the Court directing the Fiscal to deliver possession of that property to him for and on behalf of the Corporation.

(3) Where an order under subsection (2) is issued to the Fiscal by a Magistrate’s Court, he shall forthwith execute that order and shall in writing report to the Court the manner in which that order was executed.

(4) Where an order under subsection (2) is issued to the Fiscal by a Magistrate’s Court, the execution of such order shall not be stayed in any manner by reason of any step taken or proposed to be commenced in any court with a view to questioning, varying or setting aside such order.

(5) For the purpose of executing an order issued by a Magistrate’s Court under subsection (2), the Fiscal or any person acting under his direction may use such force as may be necessary to enter any place where any movable property to which that order relates is kept and seize such movable property, or to enter any land, building, structure or other immovable property to which that order relates and eject any person in occupation thereof, and to deliver possession of such movable property, land, building, structure or other immovable property to the person who is authorized to take possession thereof for and on behalf of the Corporation.

(a) where such property consists of land, the amount of compensation shall be equal to the price which in the opinion of the Chief Valuer such property (excluding any buildings standing thereon) would have fetched if it had been sold in the open market on the day on which that property was vested in the Corporation.

(b) Where such property consists of any building, anything attached to the earth or permanently fastened to anything attached to the earth, or any other fixed asset, or any vehicle or furniture, the amount of such compensation shall be

(c) Where such property consists of any movable property (other than vehicles and furniture) or any current asset, the amount of such compensation shall be the actual cost incurred in the purchase or production of that property or the price which in the opinion of the Chief Valuer such property would have fetched if it had been sold in the open market on the day on which it was vested in the Corporation, whichever is less.

(d) Where such property is any right, interest or benefit in any movable or immovable property derived under the terms of any arrangement (formal or informal), lease or notarially executed instrument, the amount of such payment shall be the actual price paid by the holder or his predecessor for the acquisition of such right, interest or benefit:

(1) The Board of Directors shall refer to the Chief Valuer the determination of compensation payable in respect of any property, and such Valuer shall submit his determination to the Board of Directors.

(2) The Chief Valuer shall, before making his determination of the compensation payable in respect of any property, give the person from whom that property was acquired or requisitioned for the Corporation, as well as the Chairman of the Board of Directors, an opportunity to adduce before such Valuer, by himself or by a representative authorized by him in that behalf, evidence with regard to the value of that property.

(3) The Board of Directors shall communicate in writing to the person from whom any property was acquired or requisitioned for the Corporation the determination of the compensation payable in respect of that property made by the Chief Valuer.

(4) The Board of Directors shall cause a notice to be published in the Gazette and in at least one newspaper, specifying the compensation that it proposes to pay in respect of any property, being the compensation determined by the Chief Valuer, and inviting any person who had any interest in that property, immediately before that property was vested in or requisitioned for the Corporation and who claims any compensation in respect of that property to communicate to the Chairman of the Board of Directors his claim in writing, stating the nature and the basis thereof, before such date as shall be specified in the notice.

(1) Where no claim to the compensation payable in respect of any property is received in response to the notice under section 64 from any person other than the person from whom that property was acquired or requisitioned for the Corporation, the Chairman of the Board of Directors shall cause such compensation, less any sum required by or under this Law to be deducted therefrom, to be paid to the person from whom that property was so acquired or requisitioned.

(2) Where any claim to compensation payable in respect of any such property is received in response to the notice under section 64 from any person other than the person from whom that property was acquired or requisitioned for the Corporation, then, if every such claimant and the person from whom that property was so acquired or requisitioned amicably agree in writing as to the persons entitled to the compensation and the apportionment of the compensation among them, the Chairman of the Board of Directors shall cause the compensation, less any sum required by or under this Law to be deducted therefrom, to be apportioned and paid to such persons according to such agreement. If there is no such agreement, the Chairman of the Board of Directors shall cause the compensation, less any sums required by or under this Law to be deducted therefrom, to be paid to any District Court or Primary Court, according as the amount to be so paid exceeds or does not exceed one thousand five hundred rupees, to be drawn by the persons entitled thereto.

(1) Where a person is entitled to compensation in respect of any property vested in or requisitioned for the Corporation, the Board of Directors shall pay from the amount of such compensation to the Commissioner-General of Inland Revenue any sum certified under the hand of the Commissioner-General of Inland Revenue to the Corporation to be due from such person as any tax or levy under any written law which is or was administered by the Commissioner-General of Inland Revenue.

(2) For the purposes of this section, the expression ” compensation” includes any interest which has accrued due on such compensation.

(1) The Minister may, where he is satisfied that the holder of a licence has been unable to acquire any land or any right in any land for the purposes of mining, approve by Order published in the Gazette the acquisition of such land or any right in such land.

(2) Where an Order is so published in terms of subsection (1) such property shall be deemed to be required for a public purpose and shall accordingly be acquired under the Land Acquisition Act and be transferred under that Act to the holder of the licence.

(3) Any sum payable for the acquisition of any land or any right in any land under the Land Acquisition Act or as compensation shall be paid by the holder of the licence.

(1) The licensee or his agent and the manager of a mine shall be responsible for taking all such measures as may be necessary for ensuring that all operations carried on in the mine or in connexion therewith are conducted in accordance with the provisions of this Law and of the regulations made thereunder and applicable to such mine.

(2) In the event of any contravention of any of the provisions referred to in subsection (1), in addition to the person committing the contravention, the licensee or his agent and the manager of the mine shall be deemed to be guilty of such contravention, unless he proves that he had taken all reasonable precautions to prevent such contravention.

(1) Every person who fails, neglects or refuses to comply with any direction given in pursuance of this Law by the Director or an officer to whom the power to give such direction is delegated by the Director shall be guilty of an offence under this Law.

(2) Every contravention of any of the provisions of this Law or any regulation made thereunder or any of the conditions attached to a licence issued under this Law shall be an offence under this Law,

(3) Every person who obstructs, hinders or delays the Director while exercising any power or performing any duty conferred or imposed by this Law or any officer while exercising any power or performing any duty delegated to him under section 16 shall be guilty of an offence under this Law.

(a) in the case of a first offence, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment; and

(b) in the case of a second or subsequent offence, to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

(a) if that body of persons is a body corporate, every director and officer of that body corporate; or

(b) if that body of persons is a firm, every partner of that firm,

shall be deemed to be guilty of that offence:

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Law.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations

(3) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on such date as may be specified in the regulation or if no such date is so specified on the date of such publication.

(4) Every regulation made by the Minister shall be brought before Parliament as soon as may be after the publication thereof by a motion that such regulation be approved.

(5) Every regulation which Parliament refuses to approve shall be deemed to be rescinded with effect from the date of such refusal but without prejudice to the validity of anything previously done thereunder.

(6) Notification of the date on which any regulation made by the Minister is deemed to be rescinded shall be published in the Gazette.