Minerals - Definition - Law Dictionary Home Dictionary Definition minerals

Definition :

Minerals, means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicking, quarrying or by any other operation and includes mineral oils. [Mines Act, 1952, s. 2(jj)]

This term may include all substances of commercial value which can be got from beneath the earth, either by mining or quarrying, except common clay [Glasgow v. Farie, (1888) 13 App Cas 657], or sandstone (N.B. Ry. v. Budhill Coal and Sandstone Co., 1910 AC 116); but china clay is a mineral (G.W. Ry. v. Carpalla China Clay Co., 1910 AC 83). See also Waring v. Foden, (1932) 1 Ch 276.

By the (English) Law of Property Act, 1925, s. 205 (1) (ix.), mines and minerals include any strata or seam of minerals or substances in or under any land and the powers of working and getting the same, but not an undivided share thereof.

Minerals would include minor minerals unless minor minerals are expressly excluded or the context otherwise requires, D.K. Trivedi & Sons v. State of Gujarat, AIR 1986 SC 1323: (1986) Supp SCC 20.

It includes all minerals except mineral oils. [Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), s. 3 (a)]

Need not necessarily be dug out from the earth and what is dug out from the earth need not necessarily be a mineral. Therefore, a mineral as judicially defined would mean an inorganic substance found either on or in the earth which may be garnered and exploited for profit, V.P. Pithupitehai v. Special Secy. to the Government of Tamil Nadu, (2003) 9 SCC 634: AIR 2003 SC 2455. [Mines and Minerals (Regulation and Development) Act (67 of 1957), s. 3(a)]