Land Acquisition (Mines) Act, 1885

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THE LAND ACQUISITION (MINES) ACT, 1885 
 
 
 
    CONTENTS 
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 
8.  Mining communications 
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 
15.  [Repealed.]  
16.  Definition of local authority and Company 
17.  This Act to be read with Land Acquisition Act, 1870 
 
 

 
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THE LAND ACQUISITION (MINES) ACT, 1885 
1ACT 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 2[Land Acquisition Act, 1894]. 
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 2[Land Acquisition Act, 1894(I of 1894)] ; it is hereby 
enacted as follows :-  
1. Short title, commencement and local ex tent.___(1) This Act may be called the Land 
Acquisition (Mines) Act, 1885 ; and  
(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 territory under its administration].  
2. Saving for mineral rights of the Government. Except as expressly provided by this Act, 
nothing in this Act shall affect the right of 4[the Government] to any mines or minerals.  
3. Declaration that mines are not needed .___ (1) When the 5[Provincial Government] makes 
a declaration under section 6 of the 2[Land Acquisition Act, 1894(I of 1894)], 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 portio n 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 no t been inserted in the declaration made in respect of 
any land under section 6 of the 2[Land Acquisition Act 1894(I of 1894)], 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 11 of the said Land Acquisition Act in respect of the mines, and may–  
(a)  when he makes an award under section 6[11] of that Act, insert such a statement 
in his award;  
(b)  when he makes a reference to the Court under section 7[19] of that Act, insert 
such a statement in his reference; or  
 
1For the Statement of Objects and Reasons, see Gazette of India, 1885, Pt. V, p. 145; for Report of the Select Committee, see ibid., Pt. IV, p.  
264; and for Proceedings in Council, see ibid., Supplement, pp. 336 and 1520, and ibid., Extra, Supplement, dated 14th March, 1885, p. 41.  
2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Land Acquisition Act, 1870”.  
3Sub-section (3) which was originally amended by A.O., 1949, have been subs., ibid. 
4The 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.  
5Subs. by A.O., 1937, for “L. G.”. 
6Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “14”.  
7Subs. ibid., for “15”.  
 
 
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 (c)  when he takes possession of the land under section 17 of that Act, publish such 
a statement in such manner as the 1[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 2[The Government] when the land so 
vests under the said Act.  
4. 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 3[Provincial Government] notice in writing of his 
intention so to do sixty days before the commencement of working.  
5. Power t o prevent or restrict working .___ (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 3[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 3[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 3[Provincial Government] may publish 4* * * a declaration of its willingness, either-  
(a) to pay compensation for the mines or minerals still unworked or ungotten, or 
that part thereof, to all persons having an interest in the same; or 
(b)  to pay compensation to all suc h persons in consideration of those mines or 
minerals, or that part thereof, being worked or gotten in such manner and subject 
to such restrictions as the 3[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 p art 
thereof, shall not thereafter be worked or gotten by any person save in the manner and subject to the 
restrictions specified by the 3[Provincial Government].  
5[(5) Every declaration made under this section shall be published in such manner as 
the 3[Provincial Government] may direct.] 
 
 
 
1Subs. by A .O.,1937, for the words “L. G.”, which had been subs. for “G. G. in C.” by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I. 
2The 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.  
3Subs. by A.O.,1937, for “L.G.”.  
4The words “in such manner as the G.G. in C. may, from time to time, direct” rep. by Act 38 of 1920, s. 2 and Sch. I. 
5Ins. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I. 
 
 
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6. Mode of determining persons interested and amount of compensation. 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 modifications, be ascertained in the manner provided by the 
1[Land Acquisition Act, 1894], (I of 1894)  for ascertaining the persons interested in the land to be 
acquired under that Act, and the amounts of compensation payable to them, respectively.  
7. If Provincial Government does not offer to pay compensation, mines may be worked in 
a proper manner.___ (1) If before the expiration of the said sixty days the 2[Provincial Government] 
does 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 2[Provincial Government] so thinks 
fit, without waiting for the same to be effected by the owner, lessee or occupier, the  
2[Provincial Government] may execute the same and recover from the owner, lessee or occupier the 
expense occasioned thereby. 
8. Mining communications. 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, hea dway, gateway or water -level shall be of greater 
dimensions or section than may be prescribed by the 3[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.  
9. Provincial Government to pay compensation for injury done to mines. The 2[Provincial 
Government] shall, from time to time, pay to the owner, lessee or occupier of any such mines extending 
so as 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 mines being interrupted as aforesaid, or by 
reason of the same being worked in such manner and under such restrictions as not to prejudice or 
injure the surface or works, and for any minerals not acquired by the 2[Provincial Government] which 
cannot be obtained by reason of the action taken under the foregoing sections ; and if any dispute or 
question arises between the 2[Provincial Government] and the owner, lessee or occupier as afore said, 
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 com - pensation payable under 
the 4[Land Acquisition Act, 1894] (I of 1894).  
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Land Acquisition Act, 1870”. 
2Subs. by A.O., 1937, for “L. G.”.  
3Subs. by A.O., 1937, for the words “L. G.” which had been subs. for the word “G. G. in C.” by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I. 
4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Land Acquisition Act, 1870”. 
 
  
 
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10. And also for injury arising from any airway or ot her work. 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 reason of th e 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 the mines having been so 
prevented or restricted as aforesaid, the 1[Provincial Government] shall pay full compensation to that 
owner or occupier of the surface lands for the loss or damage so sustained by him.  
11. Power to officer of Provincial Government to enter and inspect the working of mines. 
For better ascertaining whether any mines lying under land 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 1[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.  
12. Penalty for refusal to allow inspection. If any owner, lessee or occupier of any such mines 
or works refuses to allow any officer appointed by the l[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 may extend to two hundred rupees.  
13. If mines worked contrary to provisions of this Act, Provincial Government may 
require means to be adopted for safety of land acquired. If it appears that any such mines have 
been worked contrary to the provisions of t his Act, the l[Provincial Government] may, if it thinks fit, 
give notice to the owner, lessee or occupier thereof to construct such works and to adopt such means 
as may 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 for making safe the land acquired and the works 
thereon, the l[Provincial Government] may itself construct the works and recover the expense thereof 
from the owner, lessee or occupier.  
14. Construction of Act when land acquired has been transferred to a local authority or 
Company. 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 a local 
authority or Company, then sections 4 to 13, both inclusive, shall be read as if for the words “the 
l[provincial Government]”, wherever they occ ur 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. [Repealed.] Rep. by the Repealing and Amending Act, 1937 (XX of 1937), s. 3 and Schedule 
II.  
16. Definition of local authority and Company. In this Act–  
 
 
1Subs. by A. O., 1937, for “L.G.”.  
2Ins. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I. 
 
  
 
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 (a)  “local authority” means any municipal committee, district board, body of port 
commissioners or other authority legally entitled to, or entrusted by the Go - 
vernment with, the control or management of any municipal or local fund; and  
(b)  “Company” means a company registered under any of the enactments relating 
to Companies from time to time in force in” l[Pakistan], or formed in pursuance 
of an Act of Parliament or by  Royal Charter or Letters Patent.  
17. This Act to be read with Land Acquisition Act, 1870. This Act shall, for the purposes of 
all enactments for the; time being in force, be read with and taken as part of the 2[Land] Acquisition 
Act, 1894 (I of 1884)]. 
 
__________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 05-09-2024 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 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”.  
2Subs. By the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s.3 and 2nd Sch., for “Land Acquisition Act, 1870”.