Law: Sindh Coal Act, 2012

Section: XXVIIII,20

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Coal Mines Rules, 2016--- ----Preamble---Sindh Coal Act, 2012 (XXVIII of 2013), S.20---Constitution of Pakistan, Art.199---Constitutional petition---Notices issued under Rules framed without lawful approval, challenge to---Subordinate legislation---Cabinet approval---Mandatory requirement---Non-compliance, effect of---Ex post facto approval---Validity and scope---Briefly, the petitioners (mining companies) filed the present constitutional petition challenging the validity of the Sindh Coal Mines Rules, 2016 framed under the Sindh Coal Act, 2012, on the ground that the Rules were promulgated without prior approval of the Cabinet and thereafter notices were issued to them under the said Rules requiring compliance in respect of various matters; during proceedings, it was acknowledged that Cabinet approval had not been obtained at the time of framing of the Rules but was subsequently granted, and the petitioners sought relief against the impugned notices issued under the said Rules---Held: Rules framed without prior approval of the cabinet were of no effect---High Court set aside the impugned notices on the ground that the same were anchored in the rules which were not framed in accordance with the requirement of ratio laid down by the Supreme Court--Moreover, no action in terms of the said rules were to be taken unless the matter was reconsidered by the cabinet and the fresh rules were framed---Constitutional petition was disposed of, in circumstances. Date of hearing: 9th October, 2025. JUDGMENT MUHAMMAD IQBAL KALHORO, J.---Petitioners are mining companies have challenged Sindh Coal Mines Rules, 2016 to be ultra vires of the Sindh Coal Act, 2012 firstly on the ground that no cabinet approval was obtained at the time of framing of these rules and secondly through these Rules a new arrangement/scheme/power independent of the parent Act has been introduced/conferred, whereby volume of tax has been increased, certain offences have been created plus a new directorate has been established. In short, the petitioners are being regulated under these rules in a way unbeknownst to the parent law. To impress the point, learned counsel for the petitioner has mainly…