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3. Declaration that mines are not needed.-

(1) When the appropriate Government makes a declaration under section 6 of the Land Acquisition Act, 18704 (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, 18704 (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.

1. Extended to Goa, Daman and Diu by reg. 11 of 1963, s. 3 and the Schedule.

2. See now the Land Acquisition Act, 1894 (1 of 1894).

3. Subs. by the Adaptation of Laws (No.2) Order, 1956, for sub-sections (2) and (3).

4. See now s. 6 of the Land Acquisition Act, 1894 (1 of 1894).

5. See now s. 11, ibid.

6. See now s. 19, ibid.

7. See now s. 17, ibid.



Land Acquisition (Mines) Act, 1885 Back




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