PUNJAB MINERALS (CANCELLATION OF SAND LEASES IN RESTRICTED AREAS) ORDINANCE, 1984
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THE PUNJAB MINERALS (CANCELLATION OF SAND LEASES IN RESTRICTED AREAS) ORDINANCE, 1984 (VII of 1984)
TEXT 1THE PUNJAB MINERALS (CANCELLATION OF SAND LEASES IN RESTRICTED AREAS) ORDINANCE, 1984 (VII of 1984) [20th September, 1984] An Ordinance to provide for cancellation of sand leases in certain areas of the Province of Punjab. Preamble.– Whereas it is expedient to provide for cancellation of sand leases in certain area of the Province of Punjab in the manner hereinafter appearing.
Now, Therefore, in pursuance of the Proclamation of the 5th day of July,1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No. 1 of 1977) and the Provisional Constitution Order, 1981 (CMLA Order No.1 of 1981), the Governor of the Punjab is pleased to make and promulgate the following Ordinance:–
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the Punjab Minerals (Cancellation of Sand Leases in Restricted Areas) Ordinance,1984.
(2) It shall extend to the Province of Punjab.
(3) It shall come into force at once.
Section 2. Definitions
In this Ordinance, unless the context otherwise requires,–
(1) “Authority” means the Authority competent to grant a lease under Rules;
(2) “Government” means Government of the Punjab;
(3) “Sand Lease” means a mining lease of Ordinary sand granted under the Rules;
(4) “Restricted area” means–
(a) the entire width of the river Ravi for a distance of two miles upstream and two miles downstream from the Shahdara Railway Bridge;
(b) any other area notified by Government as a restricted area within a radius of 1500 ft. from any part of–
(i) a flood bund along a river or a water channel or of a spur projecting into a river;
(ii) any irrigational work;
(iii) a defence installation;
1This Ordinance w as promulgated by the Governor of the Punjab on 18th September, 1984;and; Published in the Punjab Gazette (Extraordinary) dated 20th September,1984; pages 688-A to 688-B
(iv) any other public work;
(v) an historical monument or work of archaeological importance;
(vi) a residential or commercial locality; and
(vii) reserved forest.
(5) “Rules” means the Pakistan Mining Concession Rules, 1960 issued under the Regulation of Mines and Oilfields and Mineral Development (Government Control) Act,1948.
Section 3. Cancellation
(1) Notwithstanding anything to the contrary contained in any law for the time being in force or in any agreement, lease deed, decree or order of any Court, Government may, by notification in the official gazette; cancel or terminate any sand-lease within a restricted area.
(2) Any action taken or order passed under Sub-section (1) shall not be called in question in any court or before any officer or Authority.
(3) No person, after the issuance of a notification under sub-section (1), shall carry on or allow any other person on his behalf to carry on any operation under the sand lease which has been cancelled under sub-section (1).
Section 4. Payment of compensation
(1) Where a lease has been cancelled under section 3, the lessee shall subject to availability, be offered an alternative area, outside the restricted area, and if the same is acceptable to the lessee, a fresh lease shall be granted to him on such terms and conditions as may be determined by the Authority:
Provided that if the lessee does not avail himself of this offer within a period of fifteen days, he shall be considered to have surrendered his right to the substituted or alternative lease.
(2) If a fresh lease is granted to the lessee under sub-section (1), the lease money, if any, paid by the lessee in respect of the cancelled lease proportionate to the unutilized period of the lease, shall be adjusted towards the fresh lease.
(3) Where a lessee had paid the lease money for a specified period and that period or part thereof is still unexpired on the date of cancellation of his lease and no fresh lease has been granted to him under sub-section (1) he shall be entitled to the refund of his lease money proportionate to the unutilized period of the
lease.
(4) Where a lessee has constructed any road or building for the purpose of carrying on operations under the lease which has been cancelled under section 3, he shall be paid such compensation in respect of those roads and buildings as may be determined by the Authority.
(5) Any person aggrieved by the decision of the Authority under sub- section (4), may file an appeal to Government within a period of one month from the date of the decision of the Authority and the order of Government in this respect shall be final.
Section 5. No lease in restricted area
No sand lease shall, henceforth be granted in respect of any restricted area.
Section 6. Penalty
Any person acting in contravention of the provisions of this Ordinance, shall be liable to simple imprisonment which may extend to one year or with fine or both.
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CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Cancellation 4. Payment of compensation 5. No lease in restricted area 6. Penalty
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THE PUNJAB MINERALS (CANCELLATION OF SAND
LEASES IN RESTRICTED AREAS) ORDINANCE, 1984
(VII of 1984)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Cancellation
4. Payment of compensation
5. No lease in restricted area
6. Penalty
TEXT
1
THE PUNJAB MINERALS (CANCELLATION OF SAND LEASES IN
RESTRICTED AREAS) ORDINANCE, 1984
(VII of 1984)
[20th September, 1984]
An
Ordinance
to provide for cancellation of sand leases in certain areas of the Province of Punjab.
Preamble.– Whereas it is expedient to provide for cancellation of sand leases in
certain area of the Province of Punjab in the manner hereinafter appearing.
Now, Therefore, in pursuance of the Proclamation of the 5 th day of July,1977,
read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No. 1 of 1977)
and the Provisional Constitution Order , 1981 (C MLA Or der No.1 of 1981), the
Governor of the Punjab is pleased to make and prom ulgate the following
Ordinance:–
1. Short title, extent and c ommencement.– (1) This Ordinance may be called
the Punjab Minerals (Cancellation of Sand Leases in Restricted Areas)
Ordinance,1984.
(2) It shall extend to the Province of Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Ordinance, unless the context otherwise requires,–
(1) “Authority” means the Authority compete nt to grant a lease under
Rules;
(2) “Government” means Government of the Punjab;
(3) “Sand Lease” means a mining lease of Ordinary sand granted under
the Rules;
(4) “Restricted area” means–
(a) the entire width of the river Ravi for a distance of two miles upstream
and two miles downstream from the Shahdara Railway Bridge;
(b) any other area notified by Government as a restricted area within a
radius of 1500 ft. from any part of–
(i) a flood bund along a river or a water channel or of a spur
projecting into a river;
(ii) any irrigational work;
(iii) a defence installation;
1This Ordinance w as promulgated by the Governor of the Punjab on 18th September, 1984;and; Published in the Punjab
Gazette (Extraordinary) dated 20th September,1984; pages 688-A to 688-B
(iv) any other public work;
(v) an historical monument or work of archaeological importance;
(vi) a residential or commercial locality; and
(vii) reserved forest.
(5) “Rules” means the P akistan Mining Concession Rules, 1960 issued
under the Regulation of Mines and Oilfields and Mineral Development
(Government Control) Act,1948.
3. Cancellation.– (1) Notwithstanding anything to the contrary contained in any
law for the time being in force or in any agreement, lease deed, decree or order of
any Court, Government may, by notification in the official gazette; cancel or
terminate any sand-lease within a restricted area.
(2) Any action taken or order passed under Sub -section (1) shall not be
called in question in any court or before any officer or Authority.
(3) No person, after the issuance of a notification under sub -section (1),
shall carry on or allow any other person on his behalf to carry on any operation under
the sand lease which has been cancelled under sub-section (1).
4. Payment of c ompensation.– (1) Where a lease has been cancelled under
section 3, the lessee shall subj ect to availability, be offered an alternative area ,
outside the restricted area , and if the same is acceptable to the lessee, a fresh lease
shall be granted to him on such terms and conditions as may be determined by the
Authority:
Provided that if the le ssee does not avail himself of this offer within a period of
fifteen days, he shall be considered to have surrendered his right to the substituted
or alternative lease.
(2) If a fresh lease is granted to the lessee under sub -section (1), the lease
money, if any, paid by the lessee in respect of the cancelled lease proportionate to
the unutilized period of the lease, shall be adjusted towards the fresh lease.
(3) Where a lessee had paid the lease money for a specified period and
that period or part thereof i s still unexpired on the date of cancellation of his lease
and no fresh lease has been granted to him under sub -section (1) he shall be
entitled to the refund of his lease money proportionate to the unutilized period of the
lease.
(4) Where a lessee has co nstructed any road or building for the purpose of
carrying on operations under the lease which has been cancelled under section 3, he
shall be paid such compensation in respect of those roads and buildings as may be
determined by the Authority.
(5) Any per son aggrieved by the decision of the Authority under sub -
section (4), may file an appeal to Government within a period of one month from the
date of the decision of the Authority and the order of Government in this respect shall
be final.
5. No lease in r estricted area .– No sand lease shall, henceforth be granted in
respect of any restricted area.
6. Penalty.– Any person acting in contravention of the provisions of this
Ordinance, shall be liable to simple imprisonment which may extend to one year or
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arry on any operation under the sand lease which has been cancelled under sub-section (1). 4. Payment of c ompensation.– (1) Where a lease has been cancelled under section 3, the lessee shall subj ect to availability, be offered an alternative area , outside the restricted area , and if the same is acceptable to the lessee, a fresh lease shall be granted to him on such terms and conditions as may
Section 3
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iod of the lease. (4) Where a lessee has co nstructed any road or building for the purpose of carrying on operations under the lease which has been cancelled under section 3, he shall be paid such compensation in respect of those roads and buildings as may be determined by the Authority. (5) Any per son aggrieved by the decision of the Authority under sub - section (4), may file an appeal to G
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