Ruma Pal, J. - (1.) The appellants gather and trade in seashells. The seashells are collected from lands belonging to private individuals along the seashore near Tuticorin in the State of Tamil Nadu. The question to be decided is whether sea shells can be termed to be mineral within the meaning of the Mines and Minerals (Regulation and Development) Act, 1957 (referred to as the Act).
(2.) The Act was enacted by the Central Government in exercise of its power under Entry 54 of List I of the Seventh Schedule read with Art. 246 of the Constitution. Under S. 2 of the Act it was declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent provided in the Act. The word minerals has been, somewhat unhelpfully, defined in S. 3(a) as including "all minerals except mineral oils." Despite the generality of this definition, from the provisions of the Act it is clear that there are two classes of minerals. The first is that of "minor minerals" which has been defined in S. 3(a) of the Act as meaning "building stones, gravel, ordinary clay, ordinary and other than sand used for prescribed purposes, and any other mineral which the Central Government may, by Notification in the Official Gazette, declare to be a "minor mineral." The second group of minerals would be the "major minerals" or the minerals not included within the definition of "minor minerals." The importance of this distinction between the two types of minerals lies in the fact that as far as minor minerals are concerned the State Governments have been empowered under S. 15 to make rules in respect of minor minerals by Notification in the Official Gazette for regulating the grant of quarry leases mining leases or other mineral concessions in respect of minor minerals and for the purposes connected therewith. The provisions of the Act, namely, Ss. 5 to 13 which relate to all other minerals do not apply to minor minerals.
(3.) The Act envisages three kinds of operations in respect of minerals mining, prospecting and reconnaissance. We are in this case concerned with mining leases. Section 4 of the Act inter alia provides that no person shall undertake mining operations in any area except under and in accordance with the terms and conditions of a mining lease granted under the Act and the Rules framed thereunder. Sub-section (1) of S. 6 places restrictions on the acquisition of any mineral or prescribed group of associated minerals in a State. The associated minerals have been specified in R. 69 of the Mineral Concession Rules, 1960. Section 9 provides for the payment of royalty in respect of mining leases in respect of any mineral removed or consumed by the holder or by his agent. manager, employee, contractor or sub-lessee from the leased area at the rate for the time being specified in the second schedule in respect of that mineral. The Second Schedule contains a list of 50 specified minerals. Entry 28 refers to "lime shell" and Item 51 deals with all other minerals not herein before specified.;