Second Schedule., The Alluvial Diamond Citation

FORMS. ALLUVIAL DIAMOND MINING RULES ·made by the Governor in Cmtncil under section 30. 1. These rules may be cited as the Alluvial Diamond Mining Rules. 2. In these rules, unless the context otherwise requires- " tally " means a medallion or ticket. Mining Rules [Cap. 198 " working " means the diamond working in a place allocated by a headman to the holder of an alluvial diamond mining licence. 3 (1) The fees for alluvial diamond mining licences shall be F~e~ for • · · h F' S h d 1 mmmgas specified m t e . rrst c e u e. licences. (2) An alluvial diamond mining licence shall expi~e on such date as may be specified in the licence by the licensing officer: Provided that such date shall be either six months or twelve wonths after the date of issue: Provided further that, with the approval of the Tribal Authority, and the landholder and occupier of the area for which the licence is granted, an alluvial diamond mining licence may be granted for any term not exceeding five years; subject to the provisions of the Ordinance, such a licence shall be renewable annually on payment of the specified fee: Provided further that an alluvial diamond mining licence issued before, and in force on, the date when these rules come into force shall, if it was issued before lst July, 1958, expire on the 31st December, 1958, and, if it was issued on or after 1st July, 1958, expire twelve months after the date of issue. 4. Every holder of an alluvial diamond mining licence shall Surface rent. pay to the Tribal Authority of the Chiefdom in respect of which his licence was issued a rent of four shillings per week or any part thereof. Such rent shall be payable quarterly in advance. 5. (I) The licensing officer shall issue to each holder of an Licensee, alluvial diamond mining licence twenty tallies which shall be :rfb~:' t~nd marked with a serial number between 1 and 20 and each of his carry tallies. workman and tributers shall carry one tally each when on or in his working . . (2) A tally shall remain the property of the holder of the Talli~s hcence and a work~an ~r tributer shall return his tally to ~~~~~rothe holder upon leavmg his employment. Licensee. (3) A Warden or Area Superintendent or any member of Tallies to be the Police Force may call upon any person found on or in any produced. Working to produce his tally and if he fails to do so, or if he u~~~~s:o~g,o~~e~h:!i~b~';ut:;~1 : r;::! ~!f:.!i~~~~: Fee for manager's certificate. Mining area. Payment of compensa· tion. Holder must work his area. Safety and health. 6. The fee for a mine manager's certificate of approval by the Minister shall be as specified in the First Schedule. 7. The holder of an alluvial diamond mining licence shall be entitled to mine for alluvial diamonds within such area, not exceeding four hundred feet in length and four hundred feet in width, as may be demarcated by a Warden in the presence of the headman. 8. If the holder of an alluvial diamond mining licence or any of his workmen or tributers shall in the course of or in connection with his working under the licence wish to remove, destroy or damage any economic trees or crops he shall before so doing report to the Headman and Warden who shall endeavour to negotiate an agreement between the holder of the licence and the owner of such trees or crops as to the compensation to be paid for their removal, destruction or damage. If the holder of the licence and the owner are unable to agree as to the compensation which should be paid, the Warden shall take note of the trees or crops and they may then be removed, destroyed or damaged pending assessment of the amount of compensation by the Area Superintendent or the District Commissioner whose decision shall be final. 9. (1) The holder of an alluvial diamond mmmg licence shall continuously and adequately work the area allocated to him to the satisfaction of the Area Superintendent. (2) In the event of the holder failing to comply with this rule over a period of more than three months, his licence be revoked. 10. (1) The holder of an alluvial diamond mmmg licence shall take such measures as are necessary to prevent persons from inadvertently entering or falling into any excavation made on the working. (2) The holder of an alluvial diamond mining licence shall not- (a) undercut any face nor shall he wilfully do any act which might cause any gravel or rock to overhang in any way; (b) cut or excavate any face of a height exceeding feet or make any bench of a width of less than four feet. Mining Rules [Cap. 198 (3) The holder of an alluvial diamond mining licence shall ;k in such a manner as to leave the ground reasonably re~el and free from holes or other breeding places for mosquitoes. 11 Mining shall be done in such a systematic manner as to Minting tt'? be • f bl ·d b · 1 f k d sys ema Ic. avoid patches o paya e groun emg e t unwor e . 12. The holder of an alluvial diamond mining licence shall ~onc~n~a rnploy a reasonably efficient method for concentrating the r~~~o~abfy diamonds so as to obtain the highest feasible proportion of the efficient. diamonds in the ground excavated. 13 Where the holder of an alluvial diamond mining licence ~ehabfili 1'tad- . bl l . bl l d h' h . h tion ° an ·is allocated reasona y cu t1va e an on w. 1c to mme, t e Area Superintendent may order that mining shall be done in such a manner as will leave so far as possible the land reasonably cultivable and any holder who fails to comply with such an order shall be guilty of an offence against these rules. 14. ~he f~e for a~ alluvial diamond dealer's licence shall be !::1!~~ as spemfied m the First Schedule: licence. Provided that no fee shall be payable for any such licence issued to the Diamond Corporation Sierra Leone Limited. 15. (1) Every person, not being a native of Sierra Leone, Deposit. who applies for an alluvial diamond dealer's licence for 1958 and thereafter, shall when required to do so by the Chief Inspector of Mines deposit or cause to be deposited. with the Accountant General at the Treasury in Freetown the sum of one thousand pounds in cash. (2) The deposit referred to in sub-rule (1) of this rule shall When hi be repayable if- repaya e. (a) the application be not granted; or (b) the licence expires or is revoked otherwise than by reason of the conviction of the holder thereof for an offence in respect of diamonds. li (3) If the applicant be granted an alluvial diamond dealer's ~e~ d <lienee and be thereafter convicted of an offence in respect of or eite · hamonds, the deposit referred to in sub-rule (1) of this rule 8 all be forfeited to Her Majesty. ll(4)_ Any diamond dealer who has been issued with an Replacement i .. lie UVIal dmmond dealer's hcence and who ?la1ms that such )i! .. :,.,\~ence has been lost, stolen, destroyed, mutilated or defaced, fu:•:•:•::::::;:;:;:::,+·:-VoL. VIII -7 1774 Cap. 198] Alluvial Diamond Mining may apply to the Chief Inspector of Mines to replace such licence and the Chief Inspector of Mines, if satisfied that the application is a bona fide one, may, without fee, issue to such diamond dealer a replacement alluvial diamond dealer's licence. Mutilated ( 5) The Chief Inspector of Mines shall not issue a replacementlicence to be destroyed. alluvial diamond dealer's licence until, in the case of an alluvial diamond dealer's licence which has become mutilated or defaced, such licence has been handed to him for destruction. Issue to be (6) At the time when he issues a replacement alluvial registered. I f · h 11diamond dealer's licence, the Chief nspector o Mmes s a note the fact in the register of alluvial diamond dealer's licences. Parbticulars. (7) A replacement alluvial diamond dealer's licence shal1 to e put m . h . 1 d d . h ll . 1it. contam sue partiCu ars as were recor e m t e a uvm Books to be issued to dealer. To be produced on demand. When entries to be made. Issue of receipts. Returns of purchases to be made. Exporter's licence fee. diamond dealer's licence of the diamond dealer to which it relates. 16. (1) On the grant of every alluvial diamond dealer's licence there shall be issued to the diamond dealer a record book in the Form I and a counterfoil receipt book in the Form II in the Second Schedule. (2) A diamond dealer shall produce his record book and counterfoil receipt book on demand by a Warden, Area Superintendent, Inspector of Mines, District Commissioner, Assistant District Commissioner, a member of the Police Force or other person duly authorised by the Minister by notice in the Gazette. (3) Whenever a diamond dealer buys or sells diamonds he shall, as soon as is practicable thereafter, enter or cause to be entered in the record book, the particulars of the transaction as specified in Form I in the Second Schecule. (4) Whenever a diamond dealer buys diamonds he shall issue to the seller a receipt from his counterfoil receipt book. (5) The record book shall have duplicate pages, and on or before the fifteenth day of each month, the original entries in respect of an purchases made during the previous month shall be detached and delivered to the Chief Inspector of Mines. 17. The fee for an alluvial diamond exporter's licence shall be as specified in the First Schedule: Provided that no fee shall be payable for any such licence issued to the Government Diamond Office. Mining Rules [Cap. 198 18. A witness summons for the purpose of any inquiry under section 16 of the Ordinance shall be in the Form III in the Second Schedule. 19. (1) Any person who contravenes any of the provisions of rules 5, 10, 11, 12 or 16 of these rules, shall be guilty of an offence against these rules. (2) Any person guilty of an offence against rules 5, 10, 11 or I2 shall be liable, on summary conviction, to a fine of ten pounds or to imprisonment for a term no exceeding three :months or to both such fine and such imprisonment. (3) Any holder of an alluvial diamond dealer's licence who is guilty of an offence against rule 16 shall be liable, on summary conviction, to a fine of one hundred pounds or to imprisonemnt for a term not exceeding six months or to both such fine and such imprisonment and his alluvial diamond dealer's licence may be revoked by the Chief Inspector of Mines.