Mines And Minerals ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE GEOLOGICAL SURVEY AND MINES BUREAU

2. Establishment of the Geological Survey Mines Bureau.

3. Board of Management of the Bureau.

4. Members of the Board of Management.

5. The Chairman and the conduct of business.

6. Director of Geological Survey and Mines.

7. Board may act despite vacancy.

8. Delegation of powers of the Board.

9. Members of the Board to disclose interest in any project undertaking or contract proposed to be made by the Bureau.

10. Remuneration of the members of the Board.

11. Seal of the Bureau.

12. Functions of the Bureau.

13. Power of the Bureau.

14. Appointment of public officers to the staff of the Bureau.

15. Officers and servants of the Bureau deemed to be public servants.

16. Bureau to be a Scheduled institution within the meaning of the Bribery Act.

17. The Fund of the Bureau.

18. Financial year of the Bureau and audit accounts.

19. Minister's direction to the Board.

20. Acquisition of immovable property under the Land Acquisition Act.

20A. Exemption of the Bureau from payment of taxes, duties.

21. Protection for action taken under this Act or on the direction of the Bureau.

22. Vesting of property of the Department of Geological Survey in the Bureau.

23. Transfer and vesting of contracts, rights.

24. Transfer to give absolute title to the Bureau of immovable property.

25. Third Party rights not to be prejudiced.

PART II

OWNERSHIP OF MINERALS AND ISSUE OF LICENCES

26. Ownership and discovery of minerals.

27. This Act not to affect hydrocarbons.

28. Mining to be under the authority of a licenses.

29. Restriction on issue of licenses.

30. Restriction on powers to issue licenses.

31. Areas in respect of which no licenses shall be issued.

32. Closed reserved areas.

33. Reserved minerals.

34. Application of licenses.

35. Issue of licenses.

36. Renewal of a licenses.

37. Cancellation of a licenses.

38. The Bureau shall communicate its decision to the applicant or licensee together with its reasons therefor.

39. Appeals.

40. Appeals to the Supreme Court.

41. Termination of licence.

42. No licence required for search or development mineral water.

43. Bureau to be in charge of the administration of this Act.

44. Powers of the Bureau.

45. Taking of samples by officers of the Bureau authorised persons.

46. Powers of officers to carry out geological and mineral investigations.

46A. Powers of authorised officers to enter, search and inspect.

47. Repealed.

48. Requirements of a licence to explore for Minerals.

49. Right of licensee under mining licence to mine for all minerals in the area specified in the licence.

50. Holder of a licence to maintain books records.

51. Right of a holder of a licence to possess area specified in licence.

52. Holder of a licence not to interfere with owner or occupier of the land.

53. Holder of a licence may erect or install plant machinery.

54. Right of the state and Bureau to plant, buildings in the event of an emergency.

PART III

HEALTH, SAFETY AND WELFARE OF WORKERS MINING FOR MINERALS

55. Restriction on employment of females.

56. Restriction on employment of person.

57. Hours of work for young person.

58. Hours of work for adults.

59. Time spent in descent and ascent.

60. Sanitary and medical equipment.

61. Protection of environment.

62. Interpretation.

PART IV

GENERAL

63. Offence.

63A. Powers of seizure.

63B. Forfeiture.

63C. Offences to be cognizable offences.

63D. Officers of the Bureau to be peace officers.

64. Regulations.

65. Amendment of the Crown Lands Ordinance.

66. Amendment of the Coast Conservation Act, No. 57 of 1981.

67. Limits on Provincial Council to impose taxes on minerals.

68. Repeals.

69. Sinhala text to prevail in case of inconsistency.

70. Interpretation.

15 of 1958,

33 of 1992,

66 of 2009.

AN ACT to provide for the establishment of the Geological Survey and Mines Kitreau to regulate the exploration for, mining, transportation, processing, trading in or export of, minerals for the transfer to such Bureau of the functions of the department of Geological Survey, for the repeal of the Salt Ordinance, the Radioactive Minerals Act, No. 46 of 1968, and the Mines and Minerals Law, No. 4 of 1973; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 28th July, 1992]

1. Short title.

This Act may be cited as the Mines and Mineral Act.

PART I

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE GEOLOGICAL SURVEY AND MINES BUREAU

2. Establishment of the Geological Survey Mines Bureau.

(1) There shall be established a Bureau which shall be called the Geological Survey and Mines Bureau (here in after referred to as the "Bureau”).

(2) The Bureau shall by the name assigned to it by subsection (1) be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

3. Board of Management of the Bureau.

The administration and management of the affairs of the Bureau shall be vested in a Board of Management appointed in the manner provided in section 4 and the Board of Management may for that purpose exercise and discharge all the powers and functions of the Bureau.

4. Members of the Board of Management.

(1) The Board of. Management (hereinafter referred to as the "Board”) shall consist of the following seven members—

[S 4(1) am by s 2(1) of Act 66 of 2009.]

(a) —

(i) the Secretary to the Ministry of the Minister in charge of the subject of industries or his representative;

(ii) the Secretary to the Ministry of the Minister in charge of the subject of environment or his representative;

(iii) three members who appear to the Minister to have demonstrated practical experience and possess knowledge in the fields of Geology, Mining, Business Management, Finance and Law.

[S 4(1)(a) subs by s 2(a) of Act 66 of 2009.]

(b) one member appointed by the Minister in consultation with the Minister in charge of the subject of Finance;

(c) the Director of Geological Survey and Mines appointed under section 6.

(2) A person shall be disqualified from being appointed, or from continuing, as a member of the Board if he is, or becomes, a Member of Parliament or a member of, a Provincial Council or a local authority.

(3) Where a member of the Board appointed under paragraph (a) of subsection (1), is by reason of illness, in formality or absence from Sri Lanka temporarily unable to perform the duties of his office, the Minister may having regard to the provisions of paragraph (a) of subsection (1) appoint another person to act in his place.

(4) The Minister may without assigning any reason therefor remove any member of the Board appointed under paragraph (a) of subsection (1) from office. The removal of any such member of the Board shall not be called in question in any court.

(5) A member of the Board appointed under paragraph (a) of subsection (1) may resign from the Board by a letter addressed to the Minister.

(6) Subject to the provisions of subsections (4) and (5), the term of office of a member of the Board referred to in paragraph (a) of subsection (1) shall be three years:

Provided that, a member of the Board appointed in place of a member who resigns or is removed or otherwise vacates office, shall hold office for the unexpired part of the term of office of the member whom he succeeds.

(7) Any member of the Board vacating office by effluxion of time shall be eligible for reappointment.

(8) —

(a) The Minister shall appoint a Chairman of the Board from among the members appointed under paragraph (a) of subsection (1) of this section.

(b) The Chairman may resign from the office of Chairman by a letter addressed to the Minister.

(c) The Minister may without assigning any reason therefor remove the Chairman from office and such removal shall not be questioned in any court.

(d) Subject to the provisions of paragraphs (b) and (c) of this subsection, the term of office of the Chairman shall be his period of membership in the Board.

5. The Chairman and the conduct of business.

(1) The Chairman shall preside at all meetings of the Board at which he is present. In the absence of the Chairman from any meeting of the Board, the members present at such meeting shall choose from among themselves another member to preside at that meeting.

(2) The quorum for any meeting of the Board shall be five.

[S 5(2) am by s 3 of Act 66 of 2009.]

(3) The Chairman at any meeting of the Board shall have in addition to his vote, a casting vote.

(4) Subject to the other provisions of this Act and any regulation made thereunder, the Board may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

6. Director of Geological Survey and Mines.

(1) The Minister shall appoint in consultation with the Board, a person having at least twelve years of demonstrated professional and applied experience as a Geologist or a Mining Engineer with a postgraduate degree or Charter as the Director General of the Geological Survey and Mines Bureau.

[S 6(1) subs by s 4(1) of Act 66 of 2009.]

(2) The Director-General of the Geological Survey and Mines (hereinafter referred to as the "Director-General”) shall be the Chief Executive Officer and principal technical officer, (here in after referred to as the "Director”) shall be the principal technical officer of the Bureau and shall subject to the general direction of the Board on matters of policy, be responsible for the conduct of geological surveys, and the administration of this Act.

[S 6(2) am by s 4(2) of Act 66 of 2009.]

(3) The Director shall hold office for a period of three years from the date of his appointment and shall be eligible for reappointment:

Provided however that the Director shall retire from office on reaching the age of sixty years.

[S 6(3) am by s 4 (3)of Act 66 of 2009.]

(4) The terms and conditions of service of the Director shall be specified in the contract of service entered into by him with the Bureau.

(5) The Director shall not be removed from office except for good and sufficient cause.

7. Board may act despite vacancy.

No act or proceeding of the Board shall be deemed to be invalid by reason only the existence of a vacancy among its members or any defect in the appointment of any of its members.

8. Delegation of powers of the Board.

(1) The Board may delegate to the Chairman, the Director General or an employee of the Bureau or to any other person who is an employee of the public sector, by name or by office, any or all of the powers, duties or functions, conferred or, imposed on, or assigned to, the Bureau by this Act, other than the power conferred by this subsection.

[S 8(1) subs by s 5 of Act 66 of 2009.]

(2) Every person to whom any power is delegated under subsection (1), shall exercise such power subject to the general or special directions of the Board.

9. Members of the Board to disclose interest in any project undertaking or contract proposed to be made by the Bureau.

A member of the Board who is directly or indirectly interested, financially or otherwise, in any project, under taking or contract made, or proposed to be made, by the Bureau shall disclose the nature of his interest at the earliest possible opportunity at a meeting of the Board. Such disclosure shall be recorded in the minutes of the Board, and such member shall not take part in any deliberation or decision of the Board with respect to that project under taking or contract, unless the Board otherwise directs.

10. Remuneration of the members of the Board.

All or any of the members of the Board shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

11. Seal of the Bureau.

(1) The seal of the Bureau shall be in the custody of the chairman.

(2) The seal of the Bureau may be altered in such manner as may be determined by the Board.

(3) The seal of the Bureau shall not be affixed to any instrument or document except in the presence of two members of the Board both of whom shall sign the instrument or document in token of their presence.

12. Functions of the Bureau.

The functions of the Bureau shall be—

(a) to undertake the systematic geological mapping of Sri Lanka and the preparation of geological;

(b) to identify and assess the mineral resources of Sri Lanka;

(c) to evaluate the commercial viability of mining for, processing and export of, such minerals;

(d) to regulate the exploration and mining for minerals and the processing, transport, storing, trading in and export of such minerals, by the issue of licences;

[S 12(d) am by s 6(1) of Act 66 of 2009.]

(e) to advise the Minister on measures to be adopted for the promotion, extraction, value addition through development of mineral based products and export of such mineral based products on a commercial basis.

[S 12(e) subs by s 6(2) of Act 66 of 2009.]

(f) to disseminate in appropriate media, information and data acquired during the exercise of functions under the Act, in particular, under paragraphs (a), (b) and (c) of this section.

[S 12(f) ins by s 6(2) of Act 66 of 2009.]

(g) to undertake projects in regard to engineering, geology and provide advice and remedial measures caused in respect of geological hazards and disasters.

[S 12(g) ins by s 6(2) of Act 66 of 2009.]

13. Power of the Bureau.

(1) The Bureau shall have the power to do anything necessary for, or conducive or incidental to, the carrying the Bureau out of its functions.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Bureau shall have the power—

(a) to acquire, hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any movable or immovable property;

(b) to enter into any contracts which are necessary for the proper exercise of its powers and the discharge of its functions;

(c) to appoint, terminate the employment of, remunerate and control, its officers and servants;

(d ) to issue licenses for—

(i) explorations consequent to the receipt of an application or by the advertising and calling for Expressions of Interest:

(ii) mining;

(iii) transport;

(iv) trade-in;

(v) storing; and

(vi) export of minerals.

[S 13(2)(d) subs by s 7(1) of Act 66 of 2009.]

(e) to open, operate and close bank accounts, and borrow or raise money for the purposes of the Bureau in such manner and upon such security, as the Board may, with the approval of the Minister, given with the concurrence of the Minister in charge of the subject of Finance;

(f) to charge fees for any services or facilities provided by the Bureau;

(g) to make rules in respect of the administration of the affairs of the Bureau; and

(h) to conduct training programmes and generally to do all other acts and things which, in the opinion of the Board, are necessary to facilitate the proper discharge of the functions and the exercise of the powers of the Bureau;

[S 13(2)(h) am by s 7(2) of Act 66 of 2009.]

(i) to serve as a member of any Technical Evaluation Committee of any Ministry, department or statutory organisation as the case may be, wherein any project proposal relating to geology or minerals is being evaluated.

[S 13(2)(i) ins. by s 7(3) of Act 66 of 2009.]

14. Appointment of public officers to the staff of the Bureau.

(1) At the request of the Board any officer in the public service may, with the consent of that officer and of the Secretary to the Ministry of the Minister in charge of the subject of Public Administration be temporarily appointed to the staff of the Bureau for such period as may be determined by the Board with like consent, or with like consent be permanently appointed to such staff.

(2) Where any public officer is temporarily appointed to the staff of the Bureau—

(a) if at the time of his temporary appointment to the staff of the Bureau, his substantive post in the public service was a post declared to be pension able under the Minutes on Pensions—

(i) he shall while in the employ of the Bureau be deemed to have been absent from duty in the public service on leave granted without salary on grounds of public policy and accordingly, section 10(1) of those Minutes shall apply to him; and

(ii) in respect of him the Board shall pay out of the funds of the Bureau to the Treasury to be credited to the Consolidated Fund for every complete month during which he is in the employ of the Bureau such sum not exceeding twenty-five per centum of the salary payable to him in his substantive post in the public service as may be determined by the Minister in charge of the subject of Finance; and

(b) if, at the time of his temporary appointment to the staff of the Bureau, he was a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance, his service to the Bureau shall, for the purpose of that Ordinance, be deemed to be service to the Government, and accordingly he shall, while he is in the employ of the Bureau continue to pay to the Public Service Provident Fund such contributions as he may be liable under that Ordinance to pay, and in respect of him the Bureau shall pay at the close of each financial year, out of the funds of the Bureau to the Deputy Secretary to the Treasury to be credited to the appropriate account in the Public Service Provident Fund, a sum equivalent to such contribution as the Government is liable to pay to the Public Service Provident Fund in respect of him.

(3) Where any public officer is permanently appointed to the staff of the Bureau—

(a) he shall be deemed to have left the public service;

(b) if, at the time of his permanent appointment to the staff of the Bureau his substantive post in the public service was a post declared to be pension able under the Minutes on Pensions—

(i) he shall be eligible for such an award under those Minutes as might have been made to him if he had been retired from the public service on the date of his permanent appointment to the staff of the Bureau; and

(ii) the amount of any such award made under those Minutes shall not be paid to him unless his employment in the staff of the Bureau is terminated by retirement on account of age or ill-health or by the abolition of the post held by him in such staff or on any other ground approved by the Minister in charge of the subject of Public Administration; and

(iii) such an award as might have been made in respect of him under those Minutes if he had died immediately before his permanent appointment to the staff of the Bureau may be made in respect of him, in the event of his death while in the employ of the Bureau; and

(c) if, at the time of his permanent appointment to the staff of the Bureau he was a contributor to the Public Service Provident Fund established say the Public Service Provident Fund Ordinance, he shall for the purpose of that Ordinance, be deemed to have left the service of the Government upon the determination of his contract with the consent of the Government otherwise than by dismissal.

(4) Where the Bureau employs a person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service to the Bureau by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.

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ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


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IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


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ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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