LAND ACQUISITION (MINES) ACT, 1885

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: a4530335af4c9d07346d7d9bd97dc04468bc274f995354e9023c8543be9f6d2d.

THE LAND ACQUISITION (MINES) ACT, 1885
(XVIII of 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 of 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 Repealed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
TEXT
1
THE LAND ACQUISITION (MINES) ACT, 1885
(XVIII of 1885)
[29th 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
3
[Land Acquisition Act,
1894 (I of 1894)]; It is hereby enacted as follows:–
1. Short title, commencement and local extent .– (1) This Act may be called
the Land Acquisition (Mines) Act, 1885; and
(2) It shall come into force at once.
4
[(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
5
[the Government] to
any mines or minerals.
3. Declaration that mines are not needed .– (1) When the
6
[Provincial
Government] makes a declaration under section 6 of the
7
[Land Acquisition Act,1894 (I
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.
This Act was received the assent of Governor General on 16.10.1885 ; and published in the Government Gazette, Punjab and
its Dependencies, Part IV, dated 29.10.1885, pages 71-73.
2Substituted for the words , comma and figures “Land Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981) ; and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,
see s. 3 and Second Schedule.
3Substituted Ibid.
4Substituted sub-section (3) by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in
the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475, see s. 3 and Second Sch edule, which was originally
amended by the Adaptation of Centr al Acts and Ordinances 1949 (G.G.O. 4) ; and published in the Gazette of Pakistan
(Extraordinary) w.e.f. 25.3.1949, pages 223-283, see Article 3 and the Schedule.
5The original word “Government” has successively been amended by the Government of India (Adaptation of Indian Laws) Order,
1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 and Schedule I , as
amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 , and the Cent ral Laws
(Adaptation) Order, 1961 (P.O. 1 of 1961); and published in the Gazette of Pakistan (Extraordinary), pages 101-174, see Article 2 (with
effect from the 23rd March, 1956), to read as above.
6Substituted for the words “Local Government” by the Gover nment of India (Adaptat ion of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of G eneral
Adaptations.
7Substituted for the words, comma and figure “Land Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981 ); and published in the Gazette of Pakistan (Extraordinary) , dated 8.7.1981, pages 345 -475,
see s. 3 and Second Schedule.
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, iron-stone, 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 us e 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
8
[Land Acquisition Act,
1894 (I of 1894)], and the Collector is of opinion that the provision s 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
9
[11] of that Act , insert such a
statement in his award;
(b) when he makes a reference to the Court under section
10
[19] of that Act,
insert such a statement in his reference; or
(c) when he takes possession of the land under secti on 17 of that Act,
publish such a statement in such manner as the
11
[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, iron-stone, slate or other minerals under
the land or portion of the land specified in the statement, except as aforesaid, shall
not vest in
12
[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
13
[Provincial Government] notice in writing of his intention so to do sixty days before the
commencement of working.
5. Power to 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
14
[Provincial Government] may cause
8Ibid.
9Substituted for figure “14” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in
the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345-475, see s. 3 and Second Schedule.
10Substituted for figure “15”by the Federal Laws (Revision and Declarat ion) Ordinance, 1981 (XXVII of 1981) ; and published in
the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345-475, see s. 3 and Second Schedule.
11Substituted for the words “Local Government” by the Government of India (Adaptati on of Indian Law s) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations, which had been substituted for “G.G. in C.” by the Devolution Act, 1920 (XXXVIII of 1920) ; and published in the
Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated24.9.1920,section 2 and Schedule I.
12The original word “Government” has successively been amended by the Government of India (Adaptation of Indian Laws) Order,
1937; and p ublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 and Schedule I , and
the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961); and published in the Gazette of Pakistan (Extraordinary), pages 101-
174, see Article 2 (with effect from the 23rd March, 1956), to read as above.
13Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 7 5-344, see Article 4 and Table of General
Adaptations.
14Ibid.
the mines or minerals to be inspected by a person appointed by it for the purpose;
and
(2) If it appears to the
15
[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
16
[Provincial Government] may publish,
17
[* * *] 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 such 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
18
[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
19
[Provincial
Government].
20
[(5) Every declaration made under this sect ion shall be published in such
manner as the
21
[Provincial Government] may direct].
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 allnecessary modifications,
be ascertained in the manner provided by the
22
[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.
15Ibid.
16Ibid.
17The words, “in such manner as the G.G. in C. may, from time to time, direct” repealed by the Devolution Act, 1920 (XXXVIII of
1920); and published in the Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated24.9.1920, s.2 and
First Schedule, Part I.
18Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extrao rdinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
19Ibid.
20Inserted by the Devolution Act, 1920 (XXXVIII of 1920), dated 14.9.1920, see section 2 and Schedule I, Part I.
21Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
22Substituted for the words, comma and figure “Land Acquisi tion Act, 1870” by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981); and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,
see s. 3 and Second Schedule.
7. If
23
[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
24
[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 p art 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
25
[Provincial
Government] so thinks fit, without waiting for the same to be effected by the owner,
lessee or occupier, the
26
[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, headway, gateway or water -level shall be of greater
dimensions or section than may be prescribed by the
27
[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
28
[Provincial Government] sh all, 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 o f 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 wo rks, and for any minerals not acquired by
23Substituted for the words “Local Governm ent” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
24Substituted for the words “Local Government” by t he Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
25Substituted for the words “Local Government” by the Govern ment of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
26Ibid.
27Ibid.
28Ibid.
the
29
[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
30
[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
31
[Land Acquisition Act, 1894(I of 1894)].
10. And also for injury arising from any airway or other 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 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 the mines having been so
prevented or restri cted as aforesaid, the
32
[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 of officer of
33
[Provincial Government ] to enter and inspect the
working of mine s.– 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
34
[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
35
[Provincial
Government] for that purpose to enter into and inspect any such mines or works in
manner aforesaid, he shal l be punished with fine which may extend to two hundred
rupees.
29Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
30Ibid.
31Substituted for the words, comma and figure “Lan d Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981) ; and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,
see s. 3 and Second Schedule.
32Substituted for the words “Loc al Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
33Substituted for the words “Local Govern ment” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
34Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
35Ibid.
13. If mines worked contrary to provisions of this Act,
36
[Provincial
Government] may require means to be adopted for safety of land acquired .– If
it appears that any such mines have been worke d contrary to the provisions of this
Act, the
37
[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 acquir ed, 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
38
[Provincial Go vernment] 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 Governme nt, 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
39
[Provincial Government]” wherever they occur in those sections
40
[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.
41
[15. Pending cases.– * * * * * * * * * * ]
16. Definition of local authority and Company.– 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 ma nagement of any municipa l 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
42
[Pakistan], or
formed in pursuance of an Act of Parliament or by Royal Charter or
Letters Patent.
36Substituted for the words “Local Government” by th e Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
37Ibid.
38Ibid.
39Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and
published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General
Adaptations.
40Inserted by the Devolut ion Act, 1920 (XXXVIII of 1920) ; and published in the Government Gazette, Punjab and its
Dependencies, Part IV, pages 127-153,dated24.9.1920, s.2 and First Schedule, Part I.
41Repealed by the Repealing and Amending Act, 1937 (XX of 1937) ; and published in the Gazette of India, Part IV , dated
17.4.1937, pages 40-44, see s. 3 and Schedule II.
42Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960) ; and published in the Gazette of Pakistan (Extraordina ry), dated 9.6.1960, pages 725 -845, s.3 and 2nd
Schedule,  (with effect from the 14th October, 1955), which had been substituted for the words “British India” by the Adaptation
of Central Acts and Ordinance Order , 1949 (G.G.O.4); and published in the Gazet te of Pakistan (Extraordinary) , dated
28.3.1949, pages 223-283, see Article 3(2) and 4.
17. This Act to be read with
43
[Land Acquisition Act, 1894 (I of 1894)].– This Act
shall, for the purposes of all enactments for the time being in force, be read with and
taken as part of the
44
[Land Acquisition Act, 1894 (I of 1894)].
43Substituted for the words, comma and figure “Land Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981) ; and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,
pages 345-475, see s. 3 and Second Schedule.
44Substituted ibid.