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  "title": "LAND ACQUISITION (MINES) ACT, 1885",
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  "text": "THE LAND ACQUISITION (MINES) ACT, 1885\r\n(XVIII of 1885)\r\nCONTENTS\r\n1. Short title, commencement and local extent\r\n2. Saving for mineral rights of the Government\r\n3. Declaration that mines are not needed\r\n4. Notice to be given before working mines lying under land\r\n5. Power to prevent or restrict working\r\n6. Mode of determining persons interested and amount of compensation\r\n7. If Provincial Government does not offer to pay compensation, mines\r\nmay be worked in a proper manner\r\n8. Mining communications\r\n9. Provincial Government to pay compensation for injury done to mines\r\n10. And also for injury arising from any airway or other work\r\n11. Power of officer of Provincial Government to enter and inspect the\r\nworking of mines\r\n12. Penalty for refusal to allow inspection\r\n13. If mines worked contrary to provisions of this Act, Provincial\r\nGovernment may require means to be adopted for safety of land\r\nacquired\r\n14. Construction of Act when land acquired has been transferred to a local\r\nauthority or Company\r\n15. Repealed\r\n16. Definition of local authority and Company\r\n17. This Act to be read with Land Acquisition Act, 1870\r\nTEXT\r\n1\r\nTHE LAND ACQUISITION (MINES) ACT, 1885\r\n(XVIII of 1885)\r\n[29th October, 1885]\r\nAn\r\nAct\r\nto provide for cases in which Mines or Minerals are situate under land which it is desired\r\nto acquire under the\r\n2\r\n[Land Acquisition Act, 1894]\r\nWHEREAS it is expedient to provide for cases in which mines or minerals are\r\nsituate under land which it is desired to acquire under the\r\n3\r\n[Land Acquisition Act,\r\n1894 (I of 1894)]; It is hereby enacted as follows:–\r\n1. Short title, commencement and local extent .– (1) This Act may be called\r\nthe Land Acquisition (Mines) Act, 1885; and\r\n(2) It shall come into force at once.\r\n4\r\n[(3) The Provincial Government may, from time to time, by notification in\r\nthe official Gazette, extend this Act to the whole or any specified part of the territory\r\nunder its administration.]\r\n2. Saving for mineral rights of the Government .– Except as expressly\r\nprovided by this Act, nothing in this Act shall affect the right of\r\n5\r\n[the Government] to\r\nany mines or minerals.\r\n3. Declaration that mines are not needed .– (1) When the\r\n6\r\n[Provincial\r\nGovernment] makes a declaration under section 6 of the\r\n7\r\n[Land Acquisition Act,1894 (I\r\n1For the Statement of Objects and Reasons, see Gazette of India, 1885, Pt. V, p. 145; for Report of the Select Committee, see\r\nibid., Pt. IV, p. 264; and for Proceedings in Council, see ibid., Supplement, pp. 336 and 1520, and ibid., Extra. Supplement,\r\ndated 14th March, 1885, p. 41.\r\nThis Act was received the assent of Governor General on 16.10.1885 ; and published in the Government Gazette, Punjab and\r\nits Dependencies, Part IV, dated 29.10.1885, pages 71-73.\r\n2Substituted for the words , comma and figures “Land Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)\r\nOrdinance, 1981 (XXVII of 1981) ; and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,\r\nsee s. 3 and Second Schedule.\r\n3Substituted Ibid.\r\n4Substituted sub-section (3) by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in\r\nthe Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475, see s. 3 and Second Sch edule, which was originally\r\namended by the Adaptation of Centr al Acts and Ordinances 1949 (G.G.O. 4) ; and published in the Gazette of Pakistan\r\n(Extraordinary) w.e.f. 25.3.1949, pages 223-283, see Article 3 and the Schedule.\r\n5The original word “Government” has successively been amended by the Government of India (Adaptation of Indian Laws) Order,\r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 and Schedule I , as\r\namended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 , and the Cent ral Laws\r\n(Adaptation) Order, 1961 (P.O. 1 of 1961); and published in the Gazette of Pakistan (Extraordinary), pages 101-174, see Article 2 (with\r\neffect from the 23rd March, 1956), to read as above.\r\n6Substituted for the words “Local Government” by the Gover nment of India (Adaptat ion of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of G eneral\r\nAdaptations.\r\n7Substituted for the words, comma and figure “Land Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)\r\nOrdinance, 1981 (XXVII of 1981 ); and published in the Gazette of Pakistan (Extraordinary) , dated 8.7.1981, pages 345 -475,\r\nsee s. 3 and Second Schedule.\r\nof 1894)], that land is needed for a public purpose or for a Company, it may, if it thinks\r\nfit, insert in the declaration a statement that the mines of coal, iron-stone, slate or other\r\nminerals lying under the land or any particular portion of the land, except only such parts\r\nof the mines or minerals as it may be necessary to dig or carry away or us e in the\r\nconstruction of the work for the purpose of which the land is being acquired, are not\r\nneeded.\r\n(2) When a statement as aforesaid has not been inserted in the\r\ndeclaration made in respect of any land under section 6 of the\r\n8\r\n[Land Acquisition Act,\r\n1894 (I of 1894)], and the Collector is of opinion that the provision s of this Act ought\r\nto be applied to the land, he may abstain from tendering compensation under section\r\n11 of the said Land Acquisition Act in respect of the mines, and may–\r\n(a) when he makes an award under section\r\n9\r\n[11] of that Act , insert such a\r\nstatement in his award;\r\n(b) when he makes a reference to the Court under section\r\n10\r\n[19] of that Act,\r\ninsert such a statement in his reference; or\r\n(c) when he takes possession of the land under secti on 17 of that Act,\r\npublish such a statement in such manner as the\r\n11\r\n[Provincial Government]\r\nmay, from time to time, prescribe.\r\n(3) If any such statement is inserted in the declaration, award or reference,\r\nor published as aforesaid, the mines of coal, iron-stone, slate or other minerals under\r\nthe land or portion of the land specified in the statement, except as aforesaid, shall\r\nnot vest in\r\n12\r\n[the Government] when the land so vests under the said Act.\r\n4. Notice to be given before working mines lying under land.– If the person for\r\nthe time being immediately entitled to work or get any mines or minerals lying under any\r\nland so acquired is desirous of working or getting the same, he shall give the\r\n13\r\n[Provincial Government] notice in writing of his intention so to do sixty days before the\r\ncommencement of working.\r\n5. Power to prevent or restrict working .– (1) At any time or times after the\r\nreceipt of a notice under the last foregoing section , and whether before or after the\r\nexpiration of the said period of sixty days, the\r\n14\r\n[Provincial Government] may cause\r\n8Ibid.\r\n9Substituted for figure “14” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in\r\nthe Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345-475, see s. 3 and Second Schedule.\r\n10Substituted for figure “15”by the Federal Laws (Revision and Declarat ion) Ordinance, 1981 (XXVII of 1981) ; and published in\r\nthe Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345-475, see s. 3 and Second Schedule.\r\n11Substituted for the words “Local Government” by the Government of India (Adaptati on of Indian Law s) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations, which had been substituted for “G.G. in C.” by the Devolution Act, 1920 (XXXVIII of 1920) ; and published in the\r\nGovernment Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated24.9.1920,section 2 and Schedule I.\r\n12The original word “Government” has successively been amended by the Government of India (Adaptation of Indian Laws) Order,\r\n1937; and p ublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 and Schedule I , and\r\nthe Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961); and published in the Gazette of Pakistan (Extraordinary), pages 101-\r\n174, see Article 2 (with effect from the 23rd March, 1956), to read as above.\r\n13Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 7 5-344, see Article 4 and Table of General\r\nAdaptations.\r\n14Ibid.\r\nthe mines or minerals to be inspected by a person appointed by it for the purpose;\r\nand\r\n(2) If it appears to the\r\n15\r\n[Provincial Government] that the working or getting\r\nof the mines or minerals, or any part thereof, is likely to cause damage to the surface\r\nof the land or any works thereon, the\r\n16\r\n[Provincial Government] may publish,\r\n17\r\n[* * *] a\r\ndeclaration of its willingness either–\r\n(a) to pay compensation for the mines or minerals still unworked or\r\nungotten, or that part thereof, to all persons having an interest in the\r\nsame; or\r\n(b) to pay compensation to all such persons in consideration of those mines\r\nor minerals, or that part thereof, being worked or gotten in such manner\r\nand subject to such restrictions as the\r\n18\r\n[Provincial Government] may in its\r\ndeclaration specify.\r\n(3) If the declaration mentioned in case (a) is made, then those mines or\r\nminerals, or that part thereof, shall not thereafter be worked or gotten by any person.\r\n(4) If the declaration mentioned in case (b) is made, then those mines or\r\nminerals, or that part thereof , shall not thereafter be worked or gotten by any person\r\nsave in the manner and subject to the restrictions specified by the\r\n19\r\n[Provincial\r\nGovernment].\r\n20\r\n[(5) Every declaration made under this sect ion shall be published in such\r\nmanner as the\r\n21\r\n[Provincial Government] may direct].\r\n6. Mode of determining persons interested and amount of compensation .–\r\nWhen the working or getting of any mines or minerals has been prevented or restricted\r\nunder section 5, the persons interested in those mines or minerals and the amounts of\r\ncompensation payable to them respectively shall, subject to allnecessary modifications,\r\nbe ascertained in the manner provided by the\r\n22\r\n[Land Acquisition Act, 1894 (I of 1894)],\r\nfor ascertaining the persons interested in the land to be acquired under that Act, and the\r\namounts of compensation payable to them, respectively.\r\n15Ibid.\r\n16Ibid.\r\n17The words, “in such manner as the G.G. in C. may, from time to time, direct” repealed by the Devolution Act, 1920 (XXXVIII of\r\n1920); and published in the Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated24.9.1920, s.2 and\r\nFirst Schedule, Part I.\r\n18Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extrao rdinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n19Ibid.\r\n20Inserted by the Devolution Act, 1920 (XXXVIII of 1920), dated 14.9.1920, see section 2 and Schedule I, Part I.\r\n21Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n22Substituted for the words, comma and figure “Land Acquisi tion Act, 1870” by the Federal Laws (Revision and Declaration)\r\nOrdinance, 1981 (XXVII of 1981); and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,\r\nsee s. 3 and Second Schedule.\r\n7. If\r\n23\r\n[Provincial Government] does not offer to pay compensation, mines may\r\nbe worked in a proper manner.– (1) If before the expiration of the said sixty days the\r\n24\r\n[Provincial Government] does not publish a declaration as provided in section 5, the\r\nowner, lessee or occupier of the mines may, unless and until such a declaration is\r\nsubsequently made, work the mines or any p art thereof in a manner proper and\r\nnecessary for the beneficial working thereof, and according to the usual manner of\r\nworking such mines in the local area where the same are situate.\r\n(2) If any damage or obstruction is caused to the surface of the land or any\r\nworks thereon by improper working of the mines, the owner, lessee or occupier of\r\nthe mines shall at once, at his own expense, repair the damage or remove the\r\nobstruction, as the case may require.\r\n(3) If the repair or removal is not at once effected, or, if the\r\n25\r\n[Provincial\r\nGovernment] so thinks fit, without waiting for the same to be effected by the owner,\r\nlessee or occupier, the\r\n26\r\n[Provincial Government] may execute the same and recover\r\nfrom the owner, lessee or occupier the expense occasioned thereby.\r\n8. Mining communications.– If the working of any mines is prevented or restricted\r\nunder section 5, the respective owners, lessees and occupiers of the mines, if their\r\nmines extend so as to lie on both sides of the mines the working of which is prevented\r\nor restricted, may cut and make such and so many airways, headways, gateways or\r\nwater-levels through the mines, measures or strata, the working whereof is prevented or\r\nrestricted, as may be requisite to enable them to ventilate, drain and work their said\r\nmines; but no such airway, headway, gateway or water -level shall be of greater\r\ndimensions or section than may be prescribed by the\r\n27\r\n[Provincial Government] in this\r\nbehalf, and, where no dimensions are so prescribed, not greater than eight feet wide\r\nand eight feet high, nor shall the same be cut or made upon any part of the surface or\r\nworks, or so as to injure the same, or to interfere with the use thereof.\r\n9. Provincial Government to pay compensation for injury done to mines .–\r\nThe\r\n28\r\n[Provincial Government] sh all, from time to time, pay to the owner, lessee or\r\noccupier of any such mines extending so as to lie on both sides of the mines, the\r\nworking of which is prevented or restricted, all such additional expenses and losses\r\nas may be incurred by him by reason o f the severance of the lands lying over those\r\nmines or of the continuous working of those mines being interrupted as aforesaid, or\r\nby reason of the same being worked in such manner and under such restrictions as\r\nnot to prejudice or injure the surface or wo rks, and for any minerals not acquired by\r\n23Substituted for the words “Local Governm ent” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n24Substituted for the words “Local Government” by t he Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n25Substituted for the words “Local Government” by the Govern ment of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n26Ibid.\r\n27Ibid.\r\n28Ibid.\r\nthe\r\n29\r\n[Provincial Government] which cannot be obtained by reason of the action taken\r\nunder the foregoing sections; and if any dispute or question arises between the\r\n30\r\n[Provincial Government] and the owner, lessee or occupier as aforesaid, touching\r\nthe amount of those losses or expenses, the same shall be settled as nearly as may\r\nbe in the manner provided for the settlement of questions touching the amount of\r\ncompensation payable under the\r\n31\r\n[Land Acquisition Act, 1894(I of 1894)].\r\n10. And also for injury arising from any airway or other work .– If any loss or\r\ndamage is sustained by the owner or occupier of the lands lying over any such\r\nmines, the working whereof has been so prevented or restricted as aforesaid (and\r\nnot being the owner, lessee or occupier of those mines), by reason of the making of\r\nany such airway or other works as aforesaid, which or any like work it would not\r\nhave been necessary to make but for the working of the mines having been so\r\nprevented or restri cted as aforesaid, the\r\n32\r\n[Provincial Government] shall pay full\r\ncompensation to that owner or occupier of the surface lands for the loss or damage\r\nso sustained by him.\r\n11. Power of officer of\r\n33\r\n[Provincial Government ] to enter and inspect the\r\nworking of mine s.– For better ascertaining whether any mines lying under land\r\nacquired in accordance with the provisions of this Act are being worked, or have\r\nbeen worked, or are likely to be worked so as to damage the land or the works\r\nthereon, an officer appointed for this purpose by the\r\n34\r\n[Provincial Government] may,\r\nafter giving twenty -four hours’ notice in writing, enter into and return from any such\r\nmines or the works connected therewith; and for that purpose the officer so\r\nappointed may make use of any apparatus or machinery belonging to the owner,\r\nlessee or occupier of the mines, and use all necessary means for discovering the\r\ndistance from any part of the land acquired to the parts of the mines which have\r\nbeen, are being, or are about to be worked.\r\n12. Penalty for refusal to allow inspection.– If any owner, lessee or occupier of\r\nany such mines or works refuses to allow any officer appointed by the\r\n35\r\n[Provincial\r\nGovernment] for that purpose to enter into and inspect any such mines or works in\r\nmanner aforesaid, he shal l be punished with fine which may extend to two hundred\r\nrupees.\r\n29Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n30Ibid.\r\n31Substituted for the words, comma and figure “Lan d Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)\r\nOrdinance, 1981 (XXVII of 1981) ; and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,\r\nsee s. 3 and Second Schedule.\r\n32Substituted for the words “Loc al Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n33Substituted for the words “Local Govern ment” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n34Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n35Ibid.\r\n13. If mines worked contrary to provisions of this Act,\r\n36\r\n[Provincial\r\nGovernment] may require means to be adopted for safety of land acquired .– If\r\nit appears that any such mines have been worke d contrary to the provisions of this\r\nAct, the\r\n37\r\n[Provincial Government] may, if it thinks fit, give notice to the owner, lessee\r\nor occupier thereof to construct such works and to adopt such means as may be\r\nnecessary or proper for making safe the land acquir ed, and the works thereon, and\r\npreventing injury thereto; and , if after such notice, any such owner, lessee or\r\noccupier does not forthwith proceed to construct the works necessary for making\r\nsafe the land acquired and the works thereon, the\r\n38\r\n[Provincial Go vernment] may\r\nitself construct the works and recover the expense thereof from the owner, lessee or\r\noccupier.\r\n14. Construction of Act when land acquired has been transferred to a local\r\nauthority or Company.– When a statement under section 3 has been made\r\nregarding any land, and the land has been acquired by the Governme nt, and has\r\nbeen transferred to or has vested by operation of law in a local authority or\r\nCompany, then sections 4 to 13, both inclusive, shall be read as if for the words “the\r\n39\r\n[Provincial Government]” wherever they occur in those sections\r\n40\r\n[except in section\r\n5, sub-section (5), and section 8], the words “the local authority or Company, as the\r\ncase may be, which has acquired the land” were substituted.\r\n41\r\n[15. Pending cases.– * * * * * * * * * * ]\r\n16. Definition of local authority and Company.– In this Act–\r\n(a) “local authority” means any municipal committee, district board, body of\r\nport commissioners or other authority legally entitled to, or entrusted by\r\nthe Government with, the control or ma nagement of any municipa l or\r\nlocal fund; and\r\n(b) “Company” means a Company registered under any of the enactments\r\nrelating to Companies from time to time in force in\r\n42\r\n[Pakistan], or\r\nformed in pursuance of an Act of Parliament or by Royal Charter or\r\nLetters Patent.\r\n36Substituted for the words “Local Government” by th e Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n37Ibid.\r\n38Ibid.\r\n39Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and\r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General\r\nAdaptations.\r\n40Inserted by the Devolut ion Act, 1920 (XXXVIII of 1920) ; and published in the Government Gazette, Punjab and its\r\nDependencies, Part IV, pages 127-153,dated24.9.1920, s.2 and First Schedule, Part I.\r\n41Repealed by the Repealing and Amending Act, 1937 (XX of 1937) ; and published in the Gazette of India, Part IV , dated\r\n17.4.1937, pages 40-44, see s. 3 and Schedule II.\r\n42Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,\r\n1960 (XXI of 1960) ; and published in the Gazette of Pakistan (Extraordina ry), dated 9.6.1960, pages 725 -845, s.3 and 2nd\r\nSchedule,  (with effect from the 14th October, 1955), which had been substituted for the words “British India” by the Adaptation\r\nof Central Acts and Ordinance Order , 1949 (G.G.O.4); and published in the Gazet te of Pakistan (Extraordinary) , dated\r\n28.3.1949, pages 223-283, see Article 3(2) and 4.\r\n17. This Act to be read with\r\n43\r\n[Land Acquisition Act, 1894 (I of 1894)].– This Act\r\nshall, for the purposes of all enactments for the time being in force, be read with and\r\ntaken as part of the\r\n44\r\n[Land Acquisition Act, 1894 (I of 1894)].\r\n43Substituted for the words, comma and figure “Land Acquisition Act, 1870” by the Federal Laws (Revision and Declaration)\r\nOrdinance, 1981 (XXVII of 1981) ; and published in the Gazette of Pakistan (Extraordinary), dated 8.7.1981, pages 345 -475,\r\npages 345-475, see s. 3 and Second Schedule.\r\n44Substituted ibid.",
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