The Land Acquisition (Mines) Act, 1885

This Act may be called the Land Acquisition (Mines) Act, 1885;and 1[(2) It extends to the whole of India except the territories which, immediately before the 1stNovember, 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 StateGovernment may, from time to time, by notification in the Official Gazette, bring this Act into force inthe whole or any specified part of the territories to which this Act extends, under its administration.]

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

(1) When the appropriate Government makes adeclaration under section 6 of the Land Acquisition Act, 18701 (10 of 1870); that land is needed for apublic purpose or for a Company, it may, if it thinks fit, insert in the declaration a statement that themines 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 theconstruction 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 landunder section 6 of the Land Acquisition Act, 18701 (10 of 1870), and the Collector is of opinion that theprovisions of this Act ought to be applied to the land, he may abstain from tendering compensation undersection 11 of the said Land Acquisition Act in respect of the mines, and may-- (a) when he makes an award under section 142of that Act, insert such a statement in this award; (b) when he makes a reference to the Court under section 153 of that Act, insert such a statementin his reference; or (c) when he takes possession of the land under section 174of that Act, publish such a statementin 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 asaforesaid, the mines of coal, iron-stone, slate or other minerals under the land or portion of the landspecified in the statement, except as aforesaid, shall not vest in the Government when the land so vestsunder the said Act.

If the person for the timebeing immediately entitled to work or get any mines or minerals lying under any land so acquired isdesirous of working or getting the same, he shall give the appropriate Government notice in writing of hisintention so to do sixty days before the commencement of working.

(1) At any time or times after the receipt of anotice under the last foregoing section, and whether before or after the expiration of the said period ofsixty days, the appropriate Government may cause the mines or minerals to be inspected by a personappointed by it for the purpose; and (2) If it appears to the appropriate 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, theappropriate Government may publish 1*** a declaration of its willingness, either-- (a) to pay compensation for the mines or minerals still unworked or ungotten, or that partthereof, 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 thatpart thereof, being worked or gotten in such manner and subject to such restrictions as the appropriateGovernment 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 restrictionsspecified by the appropriate Government. 2[(5) Every declaration made under this section shall be published in such manner as the appropriateGovernment may direct.]