Land Acquisition (Mines) Act, 1885
No: 18 Dated: Oct, 16 1885
THE LAND ACQUISITION (MINES) ACT, 1885
ACT NO. 18 OF 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 (10 of 1870);
It is hereby enacted as follows: —
1. Short title and local extent.—(1) This Act may be called the Land Acquisition (Mines) Act, 1885; and
(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.
(3) It applies in the first instance to the territories which, immediately before the 1st November, 1956, were comprised in the States of Madras, Andhra, West Bengal, Bihar, Assam and Orissa; but any State Government may, from time to time, by notification in the Official Gazette, bring this Act into force in the whole or any specified part of the territories to which this Act extends, 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 the Government to any mines or minerals.
3. Declaration that mines are not needed.—(1) When the appropriate Government makes a declaration under section 6 of the Land Acquisition Act, 1870 (10 of 1870); 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 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 (10 of 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 11 of the said Land Acquisition Act in respect of the mines, and may—
(a) when he makes an award under section 145 of that Act, insert such a statement in this award;
(b) when he makes a reference to the Court under section 156 of that Act, insert such a statement in his reference; or
(c) when he takes possession of the land under section 177 of that Act, publish such a statement in such manner as the appropriate 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 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 appropriate Government notice in writing of his intention so to do sixty days before the commencement of working.