Section 5
Power to prevent or restrict working.
The Land Acquisition (Mines) Act, 1885
About this Act
An Act to provide for cases in which Mines or Minerals are situate under land which it is desired to acquired under the Land Acquisition Act, 1870;
(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 appropriate Government may cause the mines or minerals to be inspected by a person
appointed 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, the appropriate 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 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 appropriate 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 appropriate Government.
2[(5) Every declaration made under this section shall be published in such manner as the appropriate Government may direct.]
(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, the appropriate 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 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 appropriate 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 appropriate Government.
2[(5) Every declaration made under this section shall be published in such manner as the appropriate Government may direct.]
Notes
1. The words "in such manner as the Governor-General in Council may, from time to time, direct" omitted by Act 38 of 1920,
s. 2 and the First Schedule.
2. Added by s. 2 and the First Schedule, ibid.
2. Added by s. 2 and the First Schedule, ibid.