10. If any loss or damage is sustained by the owner or occupier of the

And also for injury arising from any airway or other work.

lands lying over any such mines, the working whereof has been so prevented or restricted as aforesaid (and not being the owner, lessee or occupier of those mines), by reason of the making of any such airway or other works as aforesaid, which or any like work it would not have been necessary to make but for the working of the mines having been so prevented or restricted as aforesaid, the Local Government shall pay full compensation to that owner or occupier of the surface lands for the loss or damage so sustained by him.

11. For better ascertaining whether any mines lying under land ac

Power to officer of Local Government to enter and inspect the working of mines.

quired in accordance with the provisions of this Act are being worked, or have been worked, or are likely to be worked so as to damage the land or the works thereon, an officer appointed for this purpose by the Local Government may, after giving twenty-four hours' notice in writing, enter into and return from any such mines or the works connected therewith; and for that purpose the officer so appointed may make use of any apparatus or machinery belonging to the owner, lessee or occupier of the mines, and use all necessary means for discovering the distance from any part of the land acquired to the parts of the mines which have been, are being, or are about to be worked.

Penalty for refusal to allow inspection.

12. If any owner, lessee or occupier of any such mines or works refuses to allow any officer appointed by the Local Government for that purpose to enter into and inspect any such mines or works in manner aforesaid, he shall be punished with fine which may extend to two hundred

rupees.

13. If it appears that any such mines have been worked contrary to the If mines worked contrary to provisions of this Act, Local Government may require means to be adopted for safety of land acquired.

provisions of this Act, the Local Government may, if it thinks fit, give notice to the owner, lessee or occupier thereof to construct such works and to adopt such means as may be necessary or proper for making safe the land acquired, and the works thereon, and preventing injury thereto; and if, after such notice, any such owner, lessee or occupier does not forthwith proceed to construct the works necessary for making safe the land acquired and the works thereon, the Local Government may itself construct the works and recover the expense thereof from the owner, lessee or occupier.

14. When a statement under section 3 has been made regarding any land, and the land has been acquired by the Government, and has been transferred to or has been vested by operation of law in a local authority or Company, then sections 4 to 13,

Construction of Act when land acquired has been transferred to a local authority or Company.

both inclusive, shall be read as if for the words "the Local Government," wherever they occur in those sections, the words "the local authority or Company, as the case may be, which has acquired the land" were substituted. 15. (1) This Act shall apply to any land for the acquisition whereof proceedings under the Land Acquisition Act, Pending cases. 1870, are pending at the time when this Act comes into force, unless before that time the Collector has made, in respect of the land, an award under section 14 or a reference to the Court under section 15 of that Act, or has taken possession of the land under section 17 of the same.

(2) When the Collector has before the said time made an award or reference in respect of any such land or taken possession thereof as aforesaid, and all the persons interested in the land, or entitled under the Land Acquisition Act, 1870, to act for persons so interested, who have attended or may attend in the course of the proceedings under sections 11 to 15, both inclusive, of the Land Acquisition Act, 1870, consent in writing to the application of this Act to the land, the Collector may by an order in writing direct that it shall apply, and thereupon it shall be deemed to have applied from the commencement of the proceedings; and the Collector shall be deemed, as the case may be, to have inserted in his award or reference, or to have published in the prescribed manner, when he took possession, the statement mentioned in section 3 of this Act.

Definition of local authority and Company.

16. In this Act

(a) "local authority" means any municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of any municipal or local fund; and

(b) "Company" means a Company registered under any of the enactments relating to Companies from time to time in force in British India, or formed in pursuance of an Act of Parliament or by Royal Charter or Letters Patent.

17. This Act shall, for This Act to be read with Land Acquisition Act, 1870.

the purposes of all enactments for the time being in force, be read with and taken as part of the Land Acquisition Act, 1870.

Act No. XIX. of 1885. (Repealed by
Act XIII. of 1885.)

Act No. XX. of 1885. (Bengal.)

Act No. XXI. of 1885. (Madras.)

'R 205/45 #2 019 d. 5. Pl.

Bombay Act No. I. of 1885.

PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 30TH JANUARY, 1885. An Act to legalize the payment by the Trustees of the Port of Bombay of certain arrears of interest due to the Government.

WHEREAS Certain deficits of interest which accrued due in the years. 1873 to 1877, both inclusive, aggregating Rs. 2,36,013-11-9, were paid, on the 25th day of January 1884, by the Trustees of the Port of Bombay to the Secretary of State for India in Council out of the surplus revenue to the credit of the General Account of the Trust for the year 1882-83, and the said amount was held in hand by the said Trustees, pending settlement and payment of the amount due as aforesaid in lieu of being applied as directed in Section 51 of the Bombay Port Trust Act, 1879;

and whereas it is expedient to legalize the payment so made by the Trustees;

It is hereby enacted that, notwithstanding anything contained in the Bombay Port Trust Act, 1879, the said sum of Rs. 2,36,013-11-9 shall be deemed to have been lawfully paid by the said Trustees to the said Secretary of State.

Bombay Acts Nos. II. and III. of 1885.
(Repealed by Bo. Act III. of 1888.)

Bombay Act No. IV. of 1885.

PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 20TH OCTOBER, 1885.
An Act to amend the Bombay Local Boards Act, 1884, and the Bombay 7/03 0.4 schm. P.V
District Municipal Aet Amendment Act, 1884.

WHEREAS it is expedient to amend the Bombay Local Boards Act, 1884, in manner hereinafter appearing; It is enacted as follows:

Amendment of clause (c) sec

tion 11 of Bombay Act I. of 1884.

1. For clause (c) of section 11 of the said Act the following shall be substituted, namely:

"(c) who has been sentenced by a criminal court to imprisonment. or whipping for an offence punishable with imprisonment for a term exceeding six months, or to transportation, such sentence not having been subsequently reversed or quashed and whose disqualification on account of such sentence has not been removed by an order which the Governor in Council is hereby empowered to make, if he shall think fit, in this behalf."

Repeal of paragraph 1 of section 42.

2

2

The first paragraph of section 42 of 95-1 the said Act is repealed.

1

3. In paragraph two of section 50 of the said Act the words "or of a letter of credit" shall be inserted after the word "cheque."

Amendment of section 50.

Amendment of section 57, clause (b).

4. In clause (b) of section 57% of the said Act the words "for which" shall be omitted.

It

And whereas it is also expedient to amend the Bombay District Municipal Act Amendment Act, 1884, in manner hereinafter appearing ; is further enacted as follows:

R.103.2.4 Sch Amendment
of section 16,
Schlin

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clause (c) of Bombay Act II. of
1884.

"(c) who has been

25. For clause (e) of section 16 of the

said Bombay District Municipal Act Amendment Act, 1884, the following shall be substituted (namely):

sentenced by a criminal court to imprisonment or whipping for an offence punishable with imprisonment for a term exceeding six months, or to transportation, such sentence not having been subsequently reversed or quashed and whose disqualification on account of such sentence has not been removed by an order which the Governor in Council is hereby empowered to make, if he shall think fit, in this behalf.”

Act No. I. of 1886. (Lahore.)

Act No. II. of 1886.

RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
29TH JANUARY, 1886.

Act II.-With certain modifications this Act is extended to the Cantonments of Baroda and Deesa. G. G. 1887, pp. 93, 94.