PESHAWAR/ISLAMABAD: Different factions of the Pakistan Tehreek-e-Insaf (PTI) have sparked controversy over the Khyber Pakhtunkhwa Mines and Minerals Bill 2025, which is reportedly linked to the party founder Imran Khan's approval.
Several clauses of the proposed law are being termed contentious in the context of provincial autonomy, transparency and investor confidence, while the provincial government insists the bill is in the broader interest of the province, The News reported on Saturday.
The bill is under debate in the KP Assembly, where Chief Minister Ali Amin Gandapur presented comprehensive clarifications on all of its key points.
A detailed meeting of PTI’s political committee was also held on the bill.
The committee reviewed all aspects of the bill and unanimously concluded that it contained no provision transferring provincial autonomy, rights, or mineral resources to the federal government, Special Investment Facilitation Council (SIFC), or any other federal institution.
Meanwhile, the PTI political committee Friday unanimously decided that the Khyber Pakhtunkhwa Mines and Minerals Bill will only be passed after thorough consultations and with formal approval of the founder chairman Imran Khan.
Consultations with other parliamentary parties will continue prior to the bill’s approval, but it will align completely with PTI founder Imran Khan’s agenda, manifesto, narrative, and public expectations. It will only be passed in the assembly after thorough consultations and formal approval from Imran Khan. No haste has been or will be exercised in the bill’s approval.
According to critics, one major point of disagreement is Section 6(i), which binds the provincial licensing authority to implement recommendations of the Mineral Investment Facilitation Authority (MIFA) and the federal mineral wing.
This move has raised concerns because it grants authority over matters that fall under the provincial domain post-18th Constitutional Amendment to federal institutions that operate under the Ministry of Energy.
The proposed structural changes to MIFA have also come under criticism. The current law (Khyber Pakhtunkhwa Mines and Minerals Act 2017) allows for a seven-member authority chaired by the provincial minister for minerals. The new bill seeks to increase this number to 14, including five provincial ministers.
Additionally, Section 19(3) grants the chairperson the power to include any person in the authority, which critics say could lead to political interference and a risk of non-transparency in decision-making.
The Khyber Pakhtunkhwa government maintains that nowhere in the bill does it state that the recommendations of the Federal Mineral Wing will be binding for the Mineral Title Committee (MTC).
It is only stated that the MTC will “consider” these suggestions, but implementation will not be mandatory. The purpose of expanding MIFA’s structure to 14 members is to give ownership of decisions related to mineral resources to the provincial cabinet.
Previously, under the 2017 law, only the minister for minerals chaired MIFA, and the rest of the members were bureaucrats. The new structure aims to establish a balance of power between the bureaucracy and the cabinet to ensure oversight.
Any member included at the discretion of the chairperson will not have voting rights, and their role will be limited to expert opinion only, not to influence decisions.
The government has clarified that MIFA, established under the 2017 law, provides strategic guidance and policy recommendations. Its role is advisory and facilitative, while the regulatory authority lies with the licensing authority.
MIFA also assists in determining royalties, fees, and mineral agreements, and promotes investment. Temporary permits for large infrastructure projects, such as dams, are also granted under the 2017 law.
Another concern of PTI members is linked to Section 2(kk), which mandates that large-scale mining (i.e., investment exceeding Rs500 million) will only be conducted through joint ventures with the government-owned companies.
The industry stakeholders argue that this condition could hamper the growth of the private sector and discourage foreign investment, as the terms of a partnership are not clearly defined.
The Khyber Pakhtunkhwa government states that large mining companies will now obtain leases through profit-sharing agreements with the newly established government-owned “KP Mining Company.” Another issue is related to how rare and strategic minerals will be handled.
Under the bill, the government or the federal mineral wing through MIFA is authorised to define and declare “strategic” minerals, which has raised concerns about the centralisation of control over valuable resources.
The KP government has clarified that only the provincial government will determine strategic minerals, and the federal mineral wing’s role will be limited to consultation. Compared to Balochistan’s law, this clause in KP’s bill has been modified in favor of the province.
Further concern is being expressed regarding Sections 19(f), (g), (h), (i), and (k), which assign an advisory role to the federal mineral wing in matters like pricing, eligibility criteria for titleholders, model agreements, and cadaster systems.
Some believe these powers could be used to shift authority from the province to the Centre.
The Khyber Pakhtunkhwa government has clarified that while these advisory roles were previously proposed as mandatory, they are now limited to mere recommendations and are not binding.
The provincial government states that this bill has been designed to facilitate investment, modernise mining governance, and ensure that local communities benefit from resource development.
According to the PTI Information Secretary Sh Waqas Akram, during the meeting, Chief Minister Khyber Pakhtunkhwa Ali Amin Gandapur gave a comprehensive briefing on all key aspects of the bill. The spokesman maintained that the proposed legislation had already been presented in the KP Assembly and was under discussion.
However, it would only be approved from the assembly after Khan’s formal approval and fully aligning it with his agenda, manifesto, narrative and public aspirations.
He said Khan had strictly prohibited the individuals who met him from discussing the meeting details or instructions with the media. He emphasised that as per Khan’s instructions, those who met him must submit written details of his instructions to the central secretary information, as only he was authorised to issue these written instructions and statements.
Moreover, he emphasised that the party founder had strictly barred the party officials from making statements against one another. He said the violators would face show-cause notices, and those holding party positions would be stripped of their responsibilities.