LAND ACQUISITION (MINES) ACT, 1885
|1.||Short title, commencement and local extent.|
|2.||Saving for mineral rights of the Government.|
|3.||Declaration that mines are not needed.|
|4.||Notice to be given before working mines lying under land.|
|5.||Power to prevent or restrict working.|
|6.||Mode of determining persons interested and amount of compensation.|
|7.||If Provincial Government does not offer to pay compensation, mines may be worked in a proper manner.|
|9.||Provincial Government to pay compensation for injury done to mines;|
|10.||and also for injury arising from any airway or other work.|
|11.||Power to officer of Provincial Government to enter and inspect the working of mines.|
|12.||Penalty for refusal to allow inspection.|
|13.||If mines worked contrary to provisions of this Act, Provincial Government may require means to be adopted for safety of land acquired.|
|14.||Construction of Act when land acquired has been transferred to a local authority or Company.|
|16.||Definition of local authority and Company.|
|17.||This Act to be read with Land Acquisition Act, 1870.|
Land Acquisition (Mines) Act, 1885
act No. XVIII of 1885
[16th October, 1885]
An Act to provide for cases in which Mines
or Minerals are situate under land which it is desired to acquire under the land Acquisition Act, 1870.
Whereas it is expedient to provide for cases in which mines or minerals are situate under land which it is desired to acquire under the Land Acquisition Act, 1870; It is hereby enacted as follows :—
1.—(1) Short title, commencement and local extent. This Act may be called the Land Acquisition (Mines) Act, 1885; and
(2) It shall come into force at once.
(3) It extends in the first instance to’’[East Pakistan]]; but The Provincial Government of West Pakistan] may, from time to time, by notification in the official Gazette, extend this Act to the whole or any specified part of the territories under its administration.
- Saving for mineral rights of the Government. Except as expressly provided by this Act, nothing in this Act shall affect the right of the Government] to any mines or minerals.
3.—(1) Declaration that mines are not needed. When the ‘‘[Provincial Government] makes a declaration under section 6 of the Land Acquisition Act, 18708, that land is needed for a public purpose or for a Company, it may, if it thinks fit, insert in the declaration a statement that the mines of coal, ironstone, slate or other minerals lying under the land or any particular portion of the land, except only such parts of the mines or minerals as it may be necessary to dig or carry away or use in the construction of the work for the purpose of which the land is being acquired, are not needed.
(2) When a statement as aforesaid has not been inserted in the declaration made in respect of any land under section 6 of the Land Acquisition Act, 1870, and the Collector is of opinion that the provisions of this Act ought to be applied to the land, he may abstain from tendering compensation under section II of the said Land Acquisition Act in respect of the mines, and may—
(a) when he makes an award under section 14 of that Act, insert such a statement in his award;
(b) when he makes a reference to the Court under section 15 of that Act, insert such a statement in his reference; or
(c) when he takes possession of the land under section 17 of that Act, publish such a statement in such manner as the [Provincial Government] may, from time to time, prescribe.
(3) If any such statement is inserted in the declaration, award or reference, or published as aforesaid, the mines of coal, ironstone, slate or other minerals under the land or portion of the land specified in the statement, except as aforesaid, shall not vest in the Government] when the land so vests under the said Act.
- Notice to be given before working mines lying under land. If the person for the time being immediately entitled to work or get any mines or minerals lying under any land so acquired is desirous of working or getting the same, he shall give the [Provincial Government] notice in writing of his intention so to do sixty days before the commencement of working.
5.— (1) Power to prevent or restrict working. At any time or times after the receipt of a notice under the last foregoing section and whether before or after the expiration of the said period of sixty days, the Provincial Government] may cause the mines or minerals to be inspected by a person appointed by it for the purpose; and