LAND ACQUISITION (MINES) ACT, 1885. (Act No. XVlII of 1885)

THE LAND ACQUISITION (MINES) ACT,  1885
(Act No. XVTTT 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   2 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 !70  under the Land Acquisition Act, 1870 " ;

It is hereby enacted  as  follows :-

1. (1) This Act. may be called the Land Acquisition (Mines) Act, 1885; and

Short title, commencement and local extent.

(2)    It shall come into force at once.

3 (3) The Provincial Government 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.

2. Except as expressly provided by this Act, nothing in this Act, shall affect the right of 4[ the Government] to any mines or minerals.

Saving for mineral rights of the Government.

3. (l) When the 5{Provincial  Government ] makes a declaration under   section-6   of the   Land   Acquisition   Act,    1870 2.

Declaration that mines are not needed.

1.      For the Statement of Objects and .Reasons, see Gazette of India, 1885, ft. p. 145; for Report of the Select Committee, seeibid. t. Pt. IV, p. 264, and for Proceedings in Council seeitiilSupplement, pp. 336and 1520, and ibid ., Extra. Supplement, dated 14thMarch, 1885,p.41..
2.      Now the Land Acquisition Act, 1894 (I of 1894)   Subs: by ord No. XXVII of 1981
3.      Subs, section 3. Sub: by N.W.F.P. A.L.O., 1975, and by ord : No. XXVll  of 198).
4.   The original word ' Government 'has   successively been    amended    by A.   O.     19V7
and A. O., 1961 Art. 2 inroad as above.                                                                          '
5.      Subs, by -', O, 1973, for “Local Government.”

            Land Acquisition. [Mines]                [1885 Act,  XVIII

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 bean inserted in the declaration made in respect of any land under section-6 of the '[Land Acquisition Act, 1894], and the Collector is of opinion tint th3 pro­vision of this Act ought to be applied to the land, he may abstain from tendering compensation under section 11 of the said Land Acquisition Act in respect of the mines, and may—

(a)  when he makes an award under section 2[11]of the Act, insert such a statement in his award;

(b)   when he makes a reference to the Court under section 419] of that Act, insert such a statement in his reference; or

(c)  when he takes possession of tae land under section 17 of that Act, publish such a statement in such manner as the 3[Provincial Government] may, from time to lime, prescribe.

(3) ,If any such statement is inserted in the declaration, award or reference, or published as aforesaid, the mines of coal, or 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.

4. 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.

1.      Now the Land Acquisition Act, 1894  (I of 1894). Subs. by ord No.   XX VII of 1981.
2.      Sub». by ord No. XXVII of 1931.
3       Subs, by A.0.1937, for the words,' Local Government ", which had been subs, for G.G. in G by ihe Devolution Act, 1920 (XXXVIIT  of 1920), S-2 and   Sch. I
4.      The original word "Government " has successively been amended by A.O., 1937, and A.O.. 1961, Art. 2 (with effect from the 23rd March, 1956), to read as above.

1885: Act XV11I]       Land Acquisition (Mines)

5. (1) 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
(2) if it appears to the '[Provincial Government] that the working or getting of the mines or minerals, or any part thereof, is likely to cause damage to the surface of the land or any works thereon, the [ Provincial Government] may publish 2 [* * *] a declaration of its willingness, either-

(a)   to pay compensation for the mines or minerals still un-worked or ungotten, or that part thereof, to all persons having an interest in the same ; or
(b)   to pay compensation to all such persons in considera­tion of those mines or minerals, or that part thereof, being worked or gotten in such manner and subject to such restriction as the ^Provincial Government] may in its declaration specify.

(3) If the declaration mentioned in case (a) is made, then those mines or minerals, or that part thereof, shall not thereafter be worked or gotten by any person.
(4) If the declaration mentioned in case (b) is made, then those mines or minerals, or that part thereof shall not thereafter be worked or gotten by any person save in the manner and subject to the re­strictions specified by the ![ Provincial Government].
3[(5) Every declaration made under this section shall he published in such manner as the 1[Provincial Government] may direct].

6. When the working or getting of any mines or minerals has been prevented or restricted under section 5, the persons interested in those mines or minerals and the amounts of compensation payable to them respectively shall, subject to all necessary modification, be ascertained in the manner provided by the 4 Land Acquisition Act, 1894 for ascertaining the persons interested in the land to be acquired under that Act, and the amounts of compensation payable to them, respectively.

1.      Subs, by A.O., 1937, for "Local Government".
2.  The words, in such manner as the G.G. ii C.  may,   from time   to time   direct"   rep
the Devolution Act. 1920 (XXXV11I of 1920). s. 2 and Sch.l.                          '
3.      Ins. ibid.
4.Now the Land Acquisition Act, 1894 (I of 1894). Subs,  by Ord.    No. XXVII of 1981.

If Provincial Government does not offer to pay compensation, mines may be worked in a proper manner.

7. (I) If before the expiration of the said sixty days the 1[Provincial Government] docs not publish a declaration as provided in section 5 the owner, lessee or occupier of the mines may, unless and until such a declaration is subsequently made, work the mines or any part there­of in a manner proper and necessary for the beneficial working thereof, and according to the usual manner of working such   mines in the local area where the same are situate.

(2) If any damage or obstruction is caused to the surface of   the land or any works thereon by improper working of the mines,   the 'owner, lessee or occupier of the mines shall at once, at his own   ex­pense, repair the damage or remove the obstruction, as the case may require.
(3) If the repair or removal is not at once effected, or, if the [Pro­vincial Government J so thinks fit, without waiting for the same   to be   effected   by   the owner,   lessee   or occupier,    the   '[Provincial Government]   may execute   the same and recover from the owner .(essee or occupier the expense occasioned  thereby.

Mining Communications.

8. If the working of any mines is prevented or restricted under section 5, the respective owners, lessees and occupiers of the mines if their mines extend so as to lie on both sides of the mines the work­ing of which is prevented or restricted, may cut and make such and so many airways, headways, gateways or water-levels through the mines, measures or strata, the working whereof is prevented or re­stricted, as may be requisite to enable them to ventilate, drain and work their said mines; but no such airway, headway, gateway or water-level shall be of greater dimensions or ' section than may be prescribed by the 1 [Provincial Government] in this behalf, 'and where no dimensions are so prescribed, not greater than eight feet wide and eight feet high, nor shall the same be cut or made upon any part of the surface or works, or so as to injure the same, or to interfere with the use thereof.

Provincial Government to Pay Compensation for injury done to mines.

9.    The H Provincial Government shall, from time to time, pay ; to the owner, lessee or occupier of any such mines  extending so as y to lie on both sides of the mines, the working of which is prevented or restricted,  all such additional expenses and losses as may be   in­curred by him by reason of the severance of the  lands lying over those mines or of the continuous working of those ines being interrupted as aforesaid, or by reason of the same being worked in such manner

1.    Subs, by A.O.. 1937, for "Local Government.'

1885: Act XVII1]         Land Acquisition (Min3S}
and under such restrictions as not to prejudice or injure the surface or works, and for any minerals not acquired by the '[Provincial Go vernment ] which cannot be obtained by reason of the action taken under the foregoing section ; and if any dispute or question mists between the [Provincial Government] and the owner, lessee or occu­pier as aforesaid, touching the amount of those losses or expenses, the same shall be settled as nearly as may be in the manner provided for the settlement of questions touching the amount of compensation payable under the 2[Land Acquisition Act, 1894.

10. If any loss or damage is sustained by the owner or occupier of the lands lying over any such mines, the working whereof has been so prevented or restricted as aforesaid (and not being the owner, lessee or occupier of those mines), by reasons of the making of any such airway or other works as aforesaid, which or any like work it would not have been necessary to make but for the working of like mines having been so prevented or restricted as aforesaid, the '[Pro­vincial Government] shall pay full compensation to that owner or oc­cupier of the surface lands for the loss or damage so sustained by him.	And also for injury arising from any airway or other work.
11. For better ascertaining whether any mines lying under and acquired in accordance with the provisions of this Act are being worked, or have been worked, or are likely to be worked so as to damage the land or the works thereon, an officer appointed for this purpose by the ^Provincial Government ] may after giving twenty-four hours notice in writing, enter into and return from any such mines or the works connected therewith ;and for that purpose the officer so appointed may make use of any apparatus or machinery belonging to the owner, lessee or occupier of the mines, and use all necessary means for discovering the distance from any part of the land acquired to the parts of the mines which have been, are being or are about to be worked.	Power of officer of Provincial enter and inspect the working of mines.
12. If any owner, lessee or occupier of any such mines or works refuses to allow any officer appointed by the '[Provincial Government for that purpose to enter into and inspect any such mines or works in manner aforesaid, he shall be punished with fine which ay extend to two hundred rupees.	Penalty for refusal to allow inspection.
13. If it appears that any such mines have been worked contrary to the provisions of this Act, the i [Provincial Government] ay, if it thinks fit, give notice to the owner, lessee or occupier thereof to construct such works and to adopt such means as ay be necessary or proper for making safe the land acquired, and the works thereon, and preventing injury thereto; and if, after such notice, any such owner, lessee or occupier does not forthwith proceed to construct the works necessary to raking safe the	If mines worked contrary to provisions of this Act, Provincial Government may require means to be adopted for safety of land acquired.

1.             Subs. by A.O, 1937, for “Local Government”.
2.             Now the Land Acquisition Act, 1394 (1 of 1894) Sub. By Ord. No. XXVII of 1981).

1885: Act XVIII ]                                      Land Acquisition (Mines]

land acquired and the works thereon, the 1[Provincial Govern­ment [may itself construct the works and recover the expense thereof from the owner, lessee or occupier.

Contraction of Act When land acquired has been transferred to a local authority

14.    When a statement  under section 3 has been made  regarding any land, and the land has been acquired by the Government, and has  been transferred to, or has vested, by operation of law, in 1- a local authority or company, then sections 4 to 13, both inclusive, shall be read as if for the words" the i[Provincial Government]"where- over they occur in those sections 2[ except in  section 5, sub-section (5),and Section 8],the words "the local authority or company, as the case may be, which has acquired the land", were substituted.

15.    {Pending cases], Rep. by the   Repealing and Amending Act, 1937 (XX of 1937) ,s. 3and Schedule ff.

Definition of local authority and company.

16.    In this Act—

(a] "local authority" means any municipal committee, dis­trict board, body of port commissioners or other autho­rity legally entitled to, or entrusted by the Government with the control or management of any municipal or local land; and

(b) "company" means a company registered under any of the enactments relating to Companies from time to time in force in 3[ Pakistan ], or formed in pursuance of an Act of Parliament or by Royal Charter or Letters Patent.

This Act to be read with Land Acquisition Act, 1894.

17.    This Act, shall, for the purposes of all enactments   for the: 1 time being in  force,  be  read  with and  taken  as part  of 4[ Land  Acquisition Act, 1894]

1.      Subs, by A.O. 1937, for "Local Government ".
2.      Ins. by the Devolution Act, 1920 (XXXVI11 of 1920),
3.      Subs, by the Central Laws (Statute Reform) Ordinance, 1960 (XXIof 1960) s, 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation which had been subs, by A.O. 1949. Arts. 3 (2) and 4, for "British India".
4.      Now the Land Acquisition Act, 1894 (1 of 1894). Subs: by Oid. No.XXVll  of 19  I.