This Ordinance was repealed on 2004-12-14 by Mining Act, 2003.
- Commenced on 1 January 1949
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Repealed by Mining Act, 2003 on 14 December 2004]
Part I – General
1. InterpretationIn this Act, except where the context otherwise requires—(a)"agent" includes a tributer or option holder or any person placed in charge of prospecting or mining operations by a holder;(b)"alluvial" includes all forms of mineral deposits which do not fall within the definition of "lode";(c)"authorised labour officer" means an authorised officer under the Employment Act or any enactment replacing or amending that Act;(d)"bank" means any branch in Uganda or in the town of Bukoba in Tanzania or in the town of Kakamega in Kenya, of the National and Grindlays Bank Limited, the Standard Bank Limited, Barclays Bank (Dominion, Colonial and Overseas), or such other bank as the Minister may by statutory instrument declare to be a bank for the purposes of this Act;(e)"banker" means any manager or accountant of a bank and any officer of a bank who is acting in the capacity of manager or accountant;(f)"beacon" means a mark erected on any land for the purpose of marking out ground for prospecting or mining purposes under this Act, and includes location beacons, corner beacons, upper beacons, boundary beacons and direction beacons;(g)"buy" and "sell" include "barter"; "buy" includes "purchase" and "receive as a pledge or security" and "sell" includes "deposit as a pledge or security";(h)"commissioner" means the commissioner of geological survey and mines appointed under section 7;(i)"deposit" means any sum lodged with the Government as a guarantee for the due performance of any obligation imposed by this Act or regulations made under this Act and includes a banker’s guarantee;(j)"district commissioner" and "district officer" mean the administrative officer in charge of any district or area in which any matter shall arise under this Act;(k)"goldsmith" means a worker in gold or a seller of articles manufactured of gold;(l)"holder" of a prospecting right or mining right means the person to whom any such right was granted in the first instance and includes any person in whom such right or a part of the right has become lawfully vested by transfer, assignment or otherwise, and for the purposes of Part VII of this Act and of any regulations made under this Act relating to safety in mines and the service of notices includes every person carrying on or who has carried on prospecting and mining operations or either of these operations on private mining land;(m)"inspector of mines" includes a senior inspector of mines and any person delegated by the commissioner to act as a senior inspector or inspector of mines;(n)"lease" means a mining lease;(o)"livestock" includes cattle, horses, donkeys, mules, pigs, sheep, goats, camels and all other domesticated animals and their young;(p)"location" means a right granted under section 40;(q)"lode" or "reef" includes all true fissure veins, bedded veins, contact veins, segregated veins, pipes, contact deposits, stockworks, impregnations, metalliferous conglomerates other than hardened alluvial deposits of modern origin, metalliferous and lateritic cappings, such irregular deposits as conform generically to the above classification and beds of any mineral such as beds of ironstone and coal seams;(r)"to mark out" an area means to delimit the area by beacons and trenches of the kind prescribed and in the manner provided in this Act and regulations made under this Act; "to peg" means "to mark out";(s)"mine" includes any place, excavation or working on which, in which or by which any operation in connection with mining is carried on;(t)"to mine" means intentionally to win minerals and includes any operations necessary for the purpose, but shall not include a right or permit to use water;(u)"mineral" and "minerals" do not include petroleum but include—(i)metalliferous ores and other substances in their natural state which are obtainable only by mining or in the course of prospecting operations;(ii)metalliferous ores and other substances in their natural state mined or obtained in the course of prospecting operations;(iii)the valuable parts of such ores or other substances when unmanufactured; and(iv)the product of treating or dressing such ores or other substances for marketing or export, but except in section 2 and for the purposes of Part VII of this Act and any regulations made thereunder relating to safety in mines shall not include clay, murram, sand or any stone, except limestone, commonly used for building or similar purposes, or such other common mineral substances as the Minister may by statutory instrument declare not to be minerals for the purpose of this Act;(v)"mining right" includes all types of locations and leases;(w)"nonprecious minerals" means all minerals other than precious metals or precious stones;(x)"occupation under a prospecting licence" means the exercise on any area of the rights set out in sections 31(b), (c), (d) and 32 wholly or partly for the purpose either of prospecting such area or of preparing to mark out the whole or part of the area, and includes the erection of a beacon or anything purporting to be a beacon or anything which is intended to constitute part of a beacon;(y)"opencast" means any uncovered excavation which has been made from the surface for the purpose of winning minerals;(z)"owner or occupier" includes the owner of any land registered under the Registration of Titles Act, the owner under a final mailo certificate, a lessee of land, the holder of a certificate of occupancy or temporary occupation licence and an African rightfully in occupation of public land;(aa)"passageway" means any highway, road, street, footpath or installation of any railway, tramway, wireline, cableway, chute, pipe, sewer, drain, tunnel, shaft, fluming or watercourse and includes any right of way, easement or hereditament;(bb)"precious metals" means gold, silver or metal of the platinoid group in the unmanufactured state, including ores containing such metal, but shall not include ores containing any such metal in combination with another mineral where the metal cannot be worked apart from such mineral and the value of the metal is less than the cost of producing both the metal and the mineral;(cc)"precious stones" means diamond, emerald, opal, ruby, sapphire, turquoise and any other stones which the Minister may by statutory instrument declare to be included in this definition;(dd)"private land" means land, not being private mining land, included in the following classifications—(i)class I: land of which any person, other than the Land Commission or a land board established by the Constitution, is registered as proprietor of an estate of freehold under the Registration of Titles Act;(ii)class II: land—(A)of which any person, other than an urban authority, is registered as proprietor of an estate of leasehold under the Registration of Titles Act; or(B)held under the provisions of the Public Lands Act by any person other than by a controlling authority as in that Act defined, or under any enactment amending that Act, or under any land legislation which may come into force hereafter, excepting land held under a temporary occupation licence;(iii)class III: land registered in the mailo register in the office of titles;(iv)class IV: land held under temporary occupation licences under the Public Lands Act, or any land legislation which may come into force hereafter;(v)class V: public land rightfully occupied by Africans, other than lands in the preceding classes;(ee)"private mining land" means land held on titles by which the property in and control of minerals are recognised or granted;(ff)"to prospect" means to search for minerals and includes such working as is reasonably necessary to enable the prospector to test the mineral-bearing qualities of the land;(gg)"prospecting right" includes exclusive prospecting licences, special exclusive prospecting licences and prospecting licences;(hh)"shaft" and "pit" mean any vertical or inclined tunnel other than a stope or winze which is or might be used for winding, travelling, draining or ventilating purposes in connection with prospecting or mining operations;(ii)"tailings" means all gravel, sand, slimes or other substance which is the residue of bona fide mining operations;(jj)"unwrought precious metal" includes precious metal in any form whatever, smelted or unsmelted, refined or unrefined, which though smelted is not manufactured or made up into any article of commerce, and includes amalgam, slimes, slags, gold-bearing concentrates, pots, battery chips, sweepings of reduction works and scrapings and by-products of unrefined precious metal;(kk)"watercourse" means any channel or duct whether natural or artificial which confines, restricts or directs the flow of water.
2. Control of and property in minerals and petroleumThe entire property in and control of all minerals and petroleum in, under or upon any lands or waters in Uganda are and shall be vested in the Government, except insofar as the property and control may in any case be limited by any recognition of title or express grant.
3. Penalty for prospecting or mining without authorityAny person who prospects or mines on any lands or waters in Uganda otherwise than in accordance with this Act or who aids or abets any such person commits an offence.
4. Prospecting licence not to confer right to prospect for petroleumNo prospecting licence issued under this Act shall confer any right to prospect or search for petroleum or bituminous products, and no lease granted thereunder shall authorise any person to mine for such products or win or remove them from the land comprised in the lease.
5. Prospecting in closed districtsNothing in this Act shall be deemed to authorise any person to enter any district or area to which entrance by him or her may be forbidden by any written law for the time being in force.
6. Saving for custom and domestic useNothing in this Act shall be deemed to prevent any African of Uganda from taking, subject to such conditions as may be prescribed, iron, salt or soda from lands, other than lands within the area of a location or a mining lease, from which it has been the custom of the members of the community to which that person belongs to take iron, salt or soda or to prevent any person from taking any limestone from any land owned or occupied by him or her for his or her own domestic use.
7. Employment of officersSubject to any written law relating to the appointment of persons to the public service, the Minister may appoint a commissioner of geological survey and mines, a deputy commissioner of geological survey and mines and such other officers as may be necessary for carrying into effect the provisions of this Act.
8. Delegation of powersThe commissioner may delegate or assign to any officer appointed under section 7 all or any of his or her powers, duties and jurisdiction, but in so doing the commissioner shall not by that delegation or assignment divest himself or herself of the right to exercise concurrently all or any of the powers, duties and jurisdiction conferred upon him or her by this Act.
9. No action against officers for acts done in execution of dutiesNo action or other legal proceedings whatsoever, civil or criminal, shall be instituted in any court of law against the commissioner or other officer or any person acting under his or her authority for or on account of or in respect of anything done in good faith and done or purported to be done in the execution of his or her duty under this Act.
10. RoyaltiesAll minerals obtained in the course of prospecting or mining operations shall be liable to such royalties as may be prescribed from time to time, and no minerals shall be exported except after payment or securing of royalty under such conditions as may be prescribed; except that the commissioner may in his or her discretion, by permit under his or her hand, exempt from liability to royalties small quantities of minerals exported as commercial samples or scientific specimens or for the purpose of assay.
11. Lands excluded from prospecting or miningExcept where otherwise provided by this Act or any regulations made under it, no prospecting or mining right shall authorise mining or prospecting on or occupation of any of the following lands—
12. Minister may close areas to prospecting, etc.
13. Restricted minerals
14. Notice of intent to prospect or mine on private lands; security for compensation for damageAny person intending to prospect or mine on private land shall when practicable give notice of his or her intention to the owner and the occupier of the land before commencing operations on it, and shall, if required by the owner or occupier, give security by depositing with the Government such sum or a banker’s guarantee in lieu of that sum as the district commissioner may direct, for the payment of compensation for the disturbance of surface rights and for any damage done to the land, or trees or crops on the land or to livestock by prospecting or mining operations on the land, if required by the owner or occupier, shall desist from prospecting or mining on the land until that security has been given.
15. Payment of compensation to owners or occupiers of private lands
16. Cases when lands of classes IV and V are excluded from operation of sections 14 and 15Nothing in sections 14 and 15 shall be construed as applicable to persons who, on the date on which an application for a mining lease was lodged with the district commissioner in the form and manner prescribed, were occupying private land of either class IV or V on the area for which the lease was applied for and whose removal from the area is subsequently applied for and carried out by the district commissioner in the manner prescribed by law.
17. Charges for inquiry by Government officersWhere an inquiry or examination of any area is by this Act required to be made by any Government officer in connection with any application made under this Act or in settlement of any mining dispute, the person on whose behalf the inquiry or examination is made shall be liable to pay such charges as may be prescribed.
19. Records to be kept
20. Discovery of certain minerals of economic value to be notified
21. Restriction on transfer of or creation of interest in a prospecting, mining or water rightThe holder of a prospecting right, mining right or water right or the holder of any interest therein duly registered under the provisions of Part X of this Act shall not transfer his or her right or interest or any part or share of it or create any interest whatsoever in it without first obtaining the consent in writing of the commissioner, and no evidence of any such transfer or the creation of any such interest shall be admissible in any court unless that prior consent has been obtained.
22. Amalgamation of prospecting and mining rightsThe commissioner may permit the amalgamation of areas held under prospecting or mining rights, subject to any regulations made under this Act, and may revoke any permit so granted if he or she is satisfied that the holder is not effectively carrying out his or her obligations.
23. Obligation of holders of prospecting and mining rights
24. Restoration of land
25. Power of commissioner to cancel prospecting or mining rights
26. Penalty for giving false or misleading information
27. Revocation of prospecting, mining or water right
Part II – Prospecting
28. When prospecting lawfulIt shall not be lawful for any person to prospect, other than under the provisions of section 93, except in pursuance of and in accordance with the terms and conditions of a prospecting or mining right.
29. Disposal of minerals obtained under a prospecting right
30. Prospecting licence
31. Privileges and obligations under a prospecting licenceSubject to Part IV and section 11 and to any regulations made under this Act and to the provisions of any law as to forestry and as to the control of natural water supplies, the holder of a prospecting licence may in respect of any lands or waters where the property in and the control of minerals are vested in the Government—
32. Ancillary privileges under a prospecting licenceWhile engaged in bona fide prospecting, the holder of a prospecting licence may—
33. Exclusive prospecting licences
34. Rights under an exclusive prospecting licence
35. Surrender of an exclusive prospecting licenceAn exclusive prospecting licence may with the consent of the commissioner and on payment of the prescribed registration fee be surrendered at any time, and that surrender shall be in the prescribed form; but the surrender shall not affect any liability incurred by the licensee before the surrender shall have taken effect and no rent shall be refunded.
36. Grant of special exclusive prospecting licencesThe Minister may grant special exclusive prospecting licences upon such terms and conditions as he or she may think fit; but unless an applicant satisfies the Minister that there are unusual circumstances which warrant it, a special exclusive prospecting licence shall not be granted in respect of any area which is less than thirty square miles in extent.
37. Application for special exclusive prospecting licencesThe application for a special exclusive prospecting licence shall be in the form prescribed for an exclusive prospecting licence.
38. Applicability of the Act and regulations to an exclusive prospecting licenceEvery special exclusive prospecting licence shall be granted subject to the provisions of this Act and regulations applicable to an exclusive prospecting licence except where those provisions are at variance with any special terms and conditions imposed by the Minister.
Part III – Mining
39. When mining lawful
41. Locations may be lode, alluvial or river
42. Duration of a locationThe rights under a location shall subsist for one year from the date of the making of the grant and may be renewed subject to sections 14 and 15 for further terms of one year on payment of the prescribed rent.
43. Rights under a location
44. Abandonment of a locationAny holder may abandon his or her location and shall forthwith notify the commissioner of that abandonment in writing.
45. Mining leasesThe Minister may in his or her discretion and subject to any covenants or conditions he or she may impose grant a mining lease to the holder of a prospecting licence or of an exclusive prospecting licence provided that in the latter case the area of the lease applied for shall be wholly within the boundaries of that licence, or to the holder of a location in respect of the whole or any part of the area of his or her location.
46. Application for a mining leaseApplication for a mining lease shall be made in the prescribed form and manner and shall be subject to the prescribed conditions as to marking out and survey of the land applied for and shall be accompanied by payment of one year’s rent in advance at the rate prescribed.
47. Applicant to show sufficient capital
48. Lease granted for specified mineralA mining lease shall be granted for a specified mineral only; except that when the lessee discovers other minerals on the area leased, the commissioner may in his or her discretion include such other minerals in the lease.
49. Duration of lease
50. Rights under a mining leaseSubject to sections 14, 15 and 16 a mining lease shall confer upon the lessee the right to enter upon the land the subject of the lease and, subject to this Act and any regulations made under it, the exclusive right to mine on that land and the right to remove and dispose of the minerals specified in the lease.
51. Surface rights of lessee
52. Lessee not to enter into certain agreementsThe lessee shall not enter into any agreement with any person outside Uganda for the joint control of the price, output or sale of the minerals mined, except with the consent in writing of the Minister.
53. Penalty on nonpayment of rentThe rent payable under a lease under this Act shall be payable yearly in advance; and if the rent is not paid within one month of becoming due, an amount of 25 percent of the amount due shall be added to the rent and shall be due and payable as if it were part of the rent.
54. Surrender of leaseA mining lease may with the consent of the Minister and on payment of the prescribed fee be surrendered at any time after six months’ notice in writing has been given to the commissioner of the intention to surrender, and the surrender shall be in the form prescribed; but the surrender shall not affect any liability incurred by the lessee before the surrender shall have taken effect.
55. Special lease
Part IV – Use of water
56. Interference with water without consent forbiddenExcept as provided in section 31(d), no water of any spring, stream, river, watercourse or natural water supply controlled by the Government shall be dammed, diverted or in any way interfered with, without the consent of the Minister.
57. Pollution of water supplyAny person who, in the course of prospecting or mining operations or work connected with those operations, permits any poisonous or noxious matter to be discharged into any natural water supply commits an offence and is liable on conviction to a fine not exceeding ten thousand shillings and in addition to a fine not exceeding one thousand shillings for each day during which the offence may have continued.
58. Water permits
59. Water rights
60. Objections to grant of a water right
61. Surrender of water rightA water right may be surrendered at any time after one month’s notice in writing has been given to the commissioner of the intention to surrender, if the sanction of the commissioner is endorsed in writing in the prescribed form of surrender and on payment of the prescribed registration fee, but not otherwise; but the surrender shall not affect any liability incurred by the holder before the surrender shall have taken effect.
62. Application of section 58 to water rightsThe commissioner may exercise the same powers in respect of a water right as are provided in respect of a water permit under section 58(2).
Part V – Disputes
63. Powers of an administrative officer to hear and decide disputes
65. Records to be kept
66. Enforcement of decrees and decisions
67. Appeals; jurisdiction of ordinary courts not excluded
Part VI – Possession, purchase and sale of minerals
68. Possession and sale of minerals
69. Purchase of mineralsSubject to section 68(2)(b), (c) and (d), no person shall import, buy or receive by way of barter or pledge or otherwise deal in any minerals unless he or she is the holder of a licence to deal in those minerals or is a banker.
70. Who may melt precious metalsNo person shall melt any precious metal, whether wrought or unwrought, unless he or she is a person who is entitled to possess or sell minerals under section 68.
71. Restrictions on import and export of minerals
72. Licence to deal in minerals
73. Obligations of holders of mineral dealers licence and banker
74. Business of a goldsmith not to be carried on without a licence
75. Goldsmiths licence
76. Obligations of a licensed goldsmithEvery licensed goldsmith shall keep a register showing all purchases and sales of articles of commerce containing precious metal, and of purchases of unwrought precious metal, made by him or her and the nature and weight of the articles or metal, the price paid or received and the date of each purchase or sale and the name and address of the vendor and the name and address of the purchaser and shall cause every transaction to be entered within twenty-four hours of being made and shall produce and exhibit the register to any police officer whenever so required.
77. Offences by licensed dealers and goldsmithsNo licensed dealer or goldsmith shall—
78. Power of court on conviction of a licensed dealer or goldsmith
79. Maliciously placing mineral on premises with intentNo person shall maliciously place any mineral in the possession of or on the premises of any other person with intent that the other person shall be convicted under any provision of this Act.
Part VII – Inspections and accidents
80. General inspectionsThe commissioner, an administrative officer, an inspector of mines, an inspector of machinery or any other officer duly authorised by the commissioner or by any law for the time being in force, at all reasonable times by day or night but so as not unreasonably to impede or obstruct the work in progress, insofar as it is necessary for the purpose of his or her inspection, may—
81. Obligation to remedy any dangerous practice and procedure to be followed
82. Inspections in connection with welfare and health and procedure to be followed
83. Procedure on objection to remedy the matter complained of
84. Penalty on failure to comply with noticeIf a holder or agent fails to comply with the provisions of any notice given under sections 81 and 82, or with the decision of the commissioner when an objection has been determined, he or she commits an offence.
85. Agreement not to preclude or exemptNo person shall be precluded or exempted by any agreement from doing such acts as may be necessary to comply with sections 81, 82 and 83, or be liable under any contract to any damages, penalty or forfeiture for doing those acts.
86. Procedure in case of accident
Part VIII – Passageways and roads
87. Creation of passagewayNo person in the exercise of prospecting or mining rights under this Act shall create a passageway over, on or under—
88. Consent required to interfere with passageways and works
89. Holder of prospecting or mining rights may construct road of accessNotwithstanding anything contained in the Access to Roads Act, the holder of an exclusive prospecting licence or a mining right or a person having permission to mine on an area the subject of an application may, subject to section 87, construct a road to give access to a public road from the area of the licence or mining right or the area over which he or she has applied and on which he or she has permission to mine.
90. Use of mining roadNo person having constructed a road of access under section 89 shall hinder or prevent any other person from having access to or using that road; but—
91. DisputesWhere any dispute arises in connection with any of the following matters—
92. Duration of right to passagewaysAny right to any passageway acquired by the holder of an exclusive prospecting licence or a mining right under the provisions of this Part of this Act shall expire when the licence or mining right is abandoned, surrendered, revoked or determined, as the case may be, and thereupon the holder shall comply with the provisions of section 24 so far as is applicable.
Part IX – Prospecting and mining on private mining lands
93. Right of owner of private mining land
94. Reporting discovery of minerals on private mining landThe discovery of any minerals on private mining land shall be reported by the person making the discovery to the commissioner within thirty days of the discovery.
95. Notification when mining proceeds on private mining landMining shall not be commenced upon private mining land until the commissioner has been notified.
96. Prerequisites to removal of minerals from private mining landNo minerals shall be removed from private mining land until any royalty due to the Government has been paid or secured to the satisfaction of the commissioner and a permit to remove the minerals has been obtained from the commissioner.
97. Legislation relating to inspections, accidents, etc. to apply to operations on private mining landThe provisions of Part VII of this Act and all laws relating to the safety and welfare of persons and the service of notices in connection with prospecting and mining operations shall apply to private mining land and all prospecting and mining operations on that land.
Part X – Registration
98. Exclusive prospecting licences, mining and water rights to be registeredAll exclusive prospecting licences, mining rights and water rights shall be registered in the office of the commissioner in the manner prescribed.
99. Transfers or creations of interest in licences, mining and water rights to be registered
100. Failure to registerAny person failing to apply for the registration of any transfer, dealing or transaction referred to in section 99 within the prescribed period shall be liable to forfeit all rights in respect of the transfer, dealing or transaction and, if he or she prospects, works or mines on the area of the exclusive prospecting licence or mining right in respect of which registration of the transfer, dealing or transaction should have been applied for, he or she commits an offence.
101. Registration not to cure defectRegistration shall not cure any defect in any document registered or confer upon it any effect or validity which it would not otherwise have had.
102. Searches of registersSubject to the payment of the prescribed fees, the registers of prospecting, mining and water rights and of all transfers and interests therein may be searched and examined during the usual office hours, and certified copies of any entries or documents may be obtained, if required; and such certified copies shall in all legal proceedings be admissible in evidence without proof of the handwriting or official position of the person purporting to sign the certified copies.
103. Lost or destroyed certificatesIf any original instrument creating or evidencing any right under this Act is lost or destroyed or so obliterated as to become illegible, the commissioner may at the request of the holder cause a copy of the instrument to be prepared and to be endorsed with all such entries as were upon the original so far as they can be ascertained from the records of his or her office and other available information and shall make and sign a memorandum upon the copy stating that the copy is a substitute to be used in place of the original, and what has become of the original so far as is known or supposed.
104. Mining leases to be registeredEvery mining lease under this Act shall be registered in accordance with section 7(1) of the Registration of Titles Act, and every dealing with the land comprised in any such lease shall be deemed to be a dealing with such land for the purpose of section 7(3) of that Act.
Part XI – Miscellaneous
105. Government departments, etc. excepted from the ActExcept for the purposes of Part VII of this Act and any regulations made under this Act relating to safety in mines, nothing in this Act shall be construed as being applicable to or restricting the operations of—
106. Trivial defects in beaconing or applicationAny departure from the provisions of this Act or any regulations made under it in respect of the marking out of an area or in respect of an application for prospecting or mining rights over an area shall not invalidate the marking out or the application if the commissioner is satisfied that a bona fide attempt has been made to comply with this Act and the regulations made under it and that the defect or irregularity is of a minor nature; but where—
107. Lateral limitsThe lateral limits of any exclusive prospecting licence or mining right shall be vertical planes passing through the sides by which the licence or right is bounded; but a special lease may be granted under section 55 of a subterranean area larger than the limits of the surface of land comprised in the lease, and in that case so much of the surface lying above the subterranean area of the lease as is not included in the lease shall be excluded from any prospecting or mining operations whatsoever, except insofar as a lessee may be permitted by the commissioner to enter upon any part of the surface lying above the area of his or her lease but not included in the surface limits of the lease for the purpose of constructing thereon such works, ways and buildings as may be deemed necessary by the commissioner for the proper working of the lease and on payment of such rent and such compensation for the use of such surface as the Minister may determine.
108. Land required for public purposes
109. Rights subsequently grantedThe Uganda Land Commission or the appropriate district land board, may, without liability for payment of compensation to any person and notwithstanding the previous grant of any exclusive prospecting licence or mining right under this Act, make any grant of the land comprised in such right it is empowered by law to make, and the person to whom any such grant may be made shall be entitled to obtain compensation as provided for in sections 14 and 15 for any disturbance of his or her rights under the grant—
110. Power to take materials
111. Protection of estate of deceased person, bankrupt or lunatic
112. Government officers prohibited from acquiring rightsNo person, whether civil or military, while in the service of the Government shall directly or indirectly acquire or hold any right or interest under any prospecting or mining right, and any licence, right or lease, document or transaction purporting to confer any such right or interest on any such officer shall be null and void; but a temporary employee may retain rights and interests acquired prior to accepting Government employment.
113. Discovery of mineral by Government servant
114. SaltingAny person who places or deposits or is accessory to the placing or depositing of any minerals in any place with the intent to mislead any person as to the payable nature of the place or who mixes or causes to be mixed with any ore any valuable metal or substance whatsoever that will increase the value or in any way change the nature of the ore with intent to deceive, cheat or defraud commits an offence and is liable on conviction to imprisonment for a period not exceeding five years.
115. Obstructing officerAny person who wilfully obstructs, hinders, assaults or resists any police or administrative officer or any officer appointed under section 7 or any person authorised by any such officer in the exercise or execution of any right, power or duty under this Act, or wilfully disobeys an order of any such officer or other person, other than an order for the payment of money, or is guilty of contempt of an administrative or other officer when acting in a judicial capacity commits an offence.
116. Unlawful beacons
117. Who may not beacon certain areas
118. Penalty for interference with mining or boundary marks
119. Wages to be paid when due; procedure when wages due are not paid
120. Officers empowered to conduct prosecutionsThe commissioner, an inspector of mines, an authorised labour officer, an administrative officer, a police officer or any person appointed by the commissioner in that behalf may act as prosecutor in any case brought under the provisions of this Act.
121. Power of arrestAny police or administrative officer, inspector of mines or authorised labour officer may without warrant arrest and search any person whom he or she may find committing, or whom he or she reasonably suspects of having committed, an offence against this Act, provided that the person arrested shall be taken, with as little delay as possible, before a magistrate to be dealt with according to law.
122. Titles to be produced when demandedThe holder of any prospecting or mining right shall produce his or her title whenever demanded by the commissioner, any police or administrative officer, inspector of mines or any other officer of the geological survey and mines department.
123. General penalty
124. RegulationsThe Minister may from time to time make regulations in connection with, or for all or any of, the following matters or purposes—
125. SavingThe repeal of the Mining Ordinance and the Mining (Mineral Oil) Ordinance shall not invalidate any right or title granted or anything done under those Ordinances; but—
History of this document
14 December 2004
Repealed by Mining Act, 2003
01 January 1949