Section 3:
Declaration that mines are not needed.
(1) When the appropriate Government makes a
declaration under section 6 of the Land Acquisition Act, 18701
(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, 18701
(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 142
of 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 statement
in his reference; or
(c) when he takes possession of the land under section 174
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.
Notes:
1. See now s. 6 of the Land Acquisition Act, 1894 (1 of 1894).
2. See now s. 11, ibid.
3. See now s. 19, ibid.
4. See now s. 17, ibid.