In addition to these it was requested that the establishment of and all the work done by the Khyber Pakhtunkhwa Mineral Investment Facilitation Authority (MIFA) and the Mineral Titles Committee purportedly under the Act of 2016 be set aside and that all notifications, orders, acts, and things made or done pursuant to the Act of 2016 and the 2017 rules be declared without legal effect and void ab initio and the Regulation of Mines and Oil-Fields and Mineral Development (Government Control) Act, 1948 (“the Act of 1948”) and the Khyber Pakhtunkhwa Mining Concession Rules, 2005 (“the 2005 Rules”) be re-instated. The judge presiding over the matter state that he did not agree with this as the very foundation of the original Ordinance lacked constitutionality and authority under the law which permitted no further structure to be built upon it, and since the Bill in the current case had been introduced after the decision of the Mustafa Impex case, the Ordinance although promulgated prior to this decision, had to be “legally cleansed” by the approach of the Provincial Cabinet, before it could be considered by legislature. 00000 of 2055 (Regarding How to Upload Case Reports), Human Rights Case No. The court therefore declared the Khyber Pakhtunkhwa Minerals Sector Governance Act, 2016 and the Khyber Pakhtunkhwa Mineral Titles (Large and Small Scale Mining) Rules, 2017 Rules to have been made without legal authority and therefore to be of no legal consequence which in turn vitiated the Khyber Pakhtunkhwa Mineral Investment Facilitation Authority (MIFA) and all actions and decisions taken by it… The opinions expressed in this article are the author's own and do not reflect the views of LEAP Pakistan or Pakistan College of Law. Khyber Pakhtunkhwa is a land rich with natural resources, its human capital is hardworking and resilient, unfortunately the events over the last three decades has severely dented the transformation of this potential into economic prosperity. The legal system in Pakistan is perceived to be hard to understand and even harder to access. [ The mine is famous for its production of pink Khewra salt, often marketed as Himalayan salt, and is a major tourist attraction, drawing up to 250,000 visitors a year.Its history dates back to its discovery by Alexander's troops in 320 BC, but it started trading in the Mughal era.The main tunnel at ground level was developed by Dr. H. Warth, a mining engineer, in 1872 during British rule. However the mining business in Pakistan is expanding ceaselessly even if the federal government has been shutting down mining farms since this ban was once enacted. He stated that he disagreed with this point as the Act of 2016 lacked the fundamental legal precedent of prior approval of the Provincial Cabinet which tampered with its constitutionality and could not, therefore, be ignored as being procedural. Minerals Sector Governance Act-2016 has been put in place by the Minerals Development Department of government of KPK. Insights into Mining Adoption of IFRS 15 In the first quarter of 2018, most mining companies adopted IFRS 15 Revenue from Contracts with Customers (“IFRS 15”). TEMPO.CO, Jakarta - The Corruption Eradication Commission (KPK) urged the government to form a task force to supervise minerals and coal mining activities. Man City boss Guardiola confused by football's virus rules ... enters into JV Agreement for Potential Mining Projects in Balochistan Pakistan’s First Ever Motorsports Arena to be Build in KPK Area of mining lease 7 8. Well, the mining industry mafias will,” said coalition member Iqbal Damanik in a discussion regarding the matter in Jakarta on Tuesday, September 10. According to this governance act in order to appeal to maximum investors in mining field and to make the whole process transparent and fair this law was formed. Leap Pakistan aims to make the Law easier to access and understand. TEMPO.CO, Jakarta- Chairman of the Corruption Eradication Commission (), Agus Rahardjo, revealed that three of the anti-corruption watchdog employees are ready to resign due to their refusal upon being promoted to civil servant status or ASN as the revised KPK Law mandated. For over two decades, most of Indonesia’s natural resources such as forests, plantations, minerals and fisheries have been over exploited; […] Nearing the end of the current House of Representatives (DPR) tenure, House members agreed to revise the KPK Law stated in Law No.30/2002 on the act of eradicating corruption. Managers 16. The KPK found more than a thousand mining companies operating without proper permits in forest areas, and pegged the state losses as a result at 15.9 trillion rupiah ($1.1 billion) per year. “Three have submitted their resignation. Its history dates back to its discovery by Alexander the Great troops in 320 BC, but it only first started trading in the Mughal era. 5 For this, the Supreme court in the aforementioned case stated that failure to follow the Rules of Business 1973 would lead to any order made in their violation, to be legally invalid. The ordinance brings in a series of regulations that the local government claims will increase international investment, but some have reacted with anger. Terms of Use | Privacy Policy | Privacy Policy “We also amended rules to improve [the] existing system and it will enhance our province’s revenue up to Rs2bn [from] Rs1.2bn,” he said. The Khyber Pakhtunkhwa Land Acquisition (Mines)(Amendment) Act,2019. The petitioner sought the constitutional jurisdiction of the Peshawar high court to have the Khyber Pakhtunkhwa Minerals Sector Governance Act, 2016 (“the Act of 2016”) and the Khyber Pakhtunkhwa Mineral Titles (Large and Small Scale Mining) Rules, 2017 Rules (“the 2017Rules”) to be declared to have been made without lawful authority, in violation of the Constitution and the ratio of the Mustafa Impex case[1], and therefore be struck down. Any Act or statutory instrument purporting to describe any entity or organization other than the Cabinet, as the Federal Government was ultra vires and a nullity. Association Rule Learning (ARL) and process mining by applying a process-mining investigation to obtain a number of fraud variables to generate some association rules in fraud detection. corruption in Indonesia”, APSA Pre ... "Kantor Pusat KPK - 2015" by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 . A moratorium on mining excavation in the northern Khyber Pakhtunkhwa province was introduced eight years ago, but this has been repealed by an ordinance in August 2016. 2-Advice on issues involving mining permits, as many of these do not have a clear status. Macron rules out apology for colonial abuses in Algeria ... MPCL enters into JV Agreement for Potential Mining Projects in Balochistan Pakistan’s First Ever Motorsports Arena to be Build in KPK Regarding the other requests by the petitioners the court sated that the since lack of prior approval from the cabinet was the ground which disqualified the Act of 2016, it was legally unacceptable to further expand the court’s finding on any other grounds. 6. The Tethyan Cooper Company (TCC) has approached the High Court of Justice in the British Virgin Islands for the enforcement of the $5.97 billion … For example, the recent news items about Freeport mention a 7-fold multiplier effect on employment, and an 8-fold multiplier effect on the Provincial economy. Rights of grantee of mining lease sanctioned before commencement of these rules 7 CHAPTER III: GRANT OF MINERAL CONCESSION 7. PESHAWAR: The government passed a bill without debate from the Khyber Pakhtunkhwa Assembly on Wednesday that declared all mines and minerals in the erstwhile … While the impact of adoption was expected to be less significant for mining 2-Advice on issues involving mining permits, as many of these do not have a clear status. KPK E&D Rules Rule 1: Short title, application and commencement • These rules may be called the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules,2011 and have been framed by government of Khyber Pakhtunkhwa under section 26 of the Civil Servants Act,1973. Khyber Pakhtunkhwa means the "Khyber side of the land of the Pashtuns, where the word Pakhtunkhwa means "Land of the Pashtuns", while according to some scholars, it refers to "Pashtun culture and society".. Budgetary expenditure or discretionary governmental expenditure could only be authorized by the Federal Government (i.e. Supervisory Board A Supervisory Board is newly established under the Second Amendment. According to Articles 37A – 37G of the Second Amendment, the Supervisory Board has been primarily established in order to supervise the implementation of the duties and authorities of the KPK. Period of mining lease 9 10. Restriction on grant of mining … the Cabinet) and not the Prime Minister on his own. The KPK found more than a thousand mining companies operating without proper permits in forest areas, and pegged the state losses as a result at 15.9 trillion rupiah ($1.1 billion) per year. (c ) Import/Export regulations/matters for foreign companies. 1 f n ... mining and construction sectors … The Mines and Minerals (Regulation and Development) Act (1957) is an Act of the Parliament of India enacted to regulate the mining sector in India.It was amended in 2015 and 2016. Powered by: E-Governance Initiative - Directorate of … Trade for the ‘Supporting the Rules-Based Order’ project of PSC. Proudly powered by WordPress Therefore the court declared the Act of 2016 to be ultra vires. Nik Rijavec Recommended for you The security shall be deposited in Khyber Pakhtunkhwa Treasury (in cash) under the Provincial Mineral Security Head of Account or in the shape of National Savings Certificates pledged in the name of "Director General Mines & Minerals, Khyber PalchtunIchwa" which shall ensure refimd of the some in normal (default-less) completion of lease tenure in terms of the Mining Lease Agreement executed between the parties. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. To this the petitioners submitted that the decision of the Supreme court in the Mustafa Impex case would have retrospective effect and therefore nullify the constitution of the legal instrument. It is a major tourist attraction, drawing up to 250,000 visitors a year. Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … Notice to be given of mining operations 15. Mining Concession Rules 2005 Download FeedBack. LEAP Pakistan aims to make the law understandable and accessible to students, graduates and the Pakistani public by translating those huge, boring, picture-less books through more interesting, user-friendly mediums. ISLAMABAD: The provincial government of Khyber Pakhtunkhwa on Monday announced Pakistan's first ever ‘Mineral Policy 2014'. Introduction. Department: Minerals Department: Main Category: Rules: Year: 2005: Promulgation Date: 07-04-2005: This site is developed only for informational purposes and is subject to the Disclaimer. 7-Advice to private and public sector disputes relevant to: (a) Legal advice on joint ventures on public and private partnership in the mining sector. This crucial omission on the part of the Provincial Government rendered the legal enactment under consideration, to be without lawful authority. Declare the promotion of investment in the mining sector as national interest and top priority. The function of the KPK is … When the British established it as a province, they called it "North West Frontier Province" (abbreviated as NWFP) due to its relative location being in north west of their Indian Empire. The exercise of the powers of the Federal government, by the Cabinet, was constitutionally invalid and a nullity in the eyes of the law. These rules may be called the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules,2011. This act forms the basic framework of mining regulation in India. This Additional Advocate General responded to by asserting that the decision of a court of law was prospective, unless expressly stated to be retrospective, which had not been the case for the Mustafa Impex case, which therefore would apply prospectively. The role of the Corruption Eradication Commission ( KPK ) in conserving natural resources, which began in 2009, needs support from multiple stakeholders. Area of quarry license 8 9. Submit an article, essay, opinions, everything and anything. To this the judge presiding over the case stated that since the Ordinance promulgated originally had been amended prior to being considered as a Bill introduced in the Provincial Assembly of Khyber Pakhtunkhwa (KPK) and had out lived its constitutional life, it would be legally inappropriate to pass a decision on it, based on a decision of the Supreme Court which was held after its promulgation. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. When ... 69 Integrity Rules Our qualified team of legal experts is able to guide our valued clients in the following areas of Mining Law in Pakistan (especially in the Sindh, Baluchistan and KPK region).You can access our MINING LAW GUIDE FOR PAKISTAN (2015) here, 1-Advice on problems with royalties and negotiating an arrangement with the local tribes/residents (suggestions regarding settlements, drafting of contracts and impact of the FATA Government Regulation 2012). The Additional Advocate General also contended that the Ordinance was introduced as a Bill before the Provincial Assembly of KPK in pursuance of clause A sub-Article (2) of Article 158 and via the provision contained in sub-article (3) of Article 128 of the Constitution which, according to Rule 19 (1) of the Khyber Pakhtunkhwa Rules of Business, 1973, mandated no consent of the Provincial cabinet. The main tunnel at ground level was developed by Dr. H. Warth, a mining engineer, in 1872 during British rule. Is Dry Ice the next high demand trade item in International Trade following the Vaccine Roll Out? 4-Advice on applying for a mining permit, including help with the inspection of Local Registers for permits and licences for prospective mining sector companies, 5- Advice on Mining Permit revocation due to allegations of mining tax evasion as well as reclamation obligations. The court also held that the Ordinance making power existed only after the prior consideration of the Cabinet and an ordinance issued without the prior approval of the cabinet was invalid as no bill in the parliament could be moved without having the Cabinet’s approval. Association Rule Learning (ARL) and process mining by applying a process-mining investigation to obtain a number of fraud variables to generate some association rules in fraud detection. There is widespread agreement that exploration and mining can bring significant improvements to the local and national living standards. Period of quarry licenses 10 11. 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