Holding

Slimes, being waste material distinct from lumps, fines and concentrates, are excluded from the quantification and levy of royalty under Section 9 read with Entry 23 of the Second Schedule of the Mines & Minerals (Regulation and Development) Act, 1957.

Summary

The appellant, National Mineral Development Corporation (NMDC), held mining leases for iron ore in Madhya Pradesh and was levied royalty by the State on the waste material known as 'slimes' produced during ore processing. NMDC contended that slimes are a waste with no commercial value and are not covered by Entry 23 of the Second Schedule of the Mines & Minerals (Regulation and Development) Act, 1957, which only quantifies royalty on lumps, fines and concentrates. The State argued that slimes contain ferrous material comparable to fines and should be treated as such for royalty purposes. The Supreme Court examined the statutory scheme, held that Section 9 authorises royalty only when the rate and method of computation are provided in the Second Schedule, and that Entry 23 deliberately omits slimes, indicating Parliament’s intention not to levy royalty on them. Consequently, the Court held that slimes are not chargeable under the Act and set aside the High Court’s decision. A writ was issued directing the States not to levy royalty on slimes.

Issues considered

Whether 'slime' or 'slimes' falls within the definition of 'fines' or 'concentrates' under Entry 23 of the Second Schedule of the Mines & Minerals (Regulation and Development) Act, 1957 for the purpose of royalty.
Whether the State can levy royalty on slimes under Section 9 read with Entry 23, given that slimes are waste material with no commercial value.
Whether the Mineral Concession Rules, 1960 (Rules 64‑B and 64‑C) can be applied retrospectively to the present case.

Subjects

royaltymineral leaseMines & Minerals Actslimesstatutory interpretationSecond Schedulemineral processingwaste materialenvironmental law

Judgment

NATIONAL MINERAL DEVELOPMENT CORPN. LTD. A
V.

STATE OF M.P. AND ANR.

MAY 5, 2004

[R.C. LAHOTI AND ASHOK BHAN, JJ.] B

Mines & Minerals (Regulation and Development) Act, 1957, Section
9 and Entry 23 of the Second Schedule-Slimes arising in extraction of
iron-ore-Levy of Royalty-Validity of-Held : Slimes being a waste
material consisting of impurities having no ci,Jmmercial value, it is different C
from fines and concentrates-Entry 23 of the Second Schedule prescribes
quantification and levy only with reference to the quantity of lumps, fines
and concentrates and slimes is left out of consideration for the purpose-
Hence, levy of royalty on slimes by the Stare authorities not valid.

Appellant had been holding mining le~ses over land for extracting D
iron ore. In the process of mining, the iron ore is extracted and
separated into ore lumps, fines and waste material known as 'slimes'.
Appellant challenged the action of State alithorities in levying royalty
on slimes. High Court held 'slimes' exigible to charge of royalty.
E
In appeal to this court, appellant contended that slime is the
resultant waste material consisting of impi;irities and minute particles
with ferrous content, the ferrous part of which can neither be retrieved
nor utilized for production of iron/steel as, no technology for the said
purpose is yet developed; that no other State in the country is collecting F
royalty on slimes; that such action of t~e State is arbitrary and
unreasonable as slimes are nothing but impurities left available to be
discarded at the end of the process ofproduftion of iron-ore lumps and
iron-ore fine and that in view of the provisions contained in Section
9 of Mines & Minerals (Regulation and Development) Act, 1957 and G
Entry 23 of the Second Schedule thereof, the State cannot levy
royalty on slimes and hence the action of the State is liable to be struck
down. '

Respondent contended that slimes contain ferrous material, nearly
in the same proportion as the lumps or the fines contain, hence on a H
2 SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.
A reasonable interpretation of Entry 23, the "slimes" should be treated
as included in the "fines" and that merely because slimes cannot be
usefully utilized for the purpose of extracting out the ferrous contents
thereof and have no commercial value, cannot be a ground for
exempting them from payment of royalty when the Parli'ilment itself
B has chosen not to exclude slimes from charge of royalty.

Allowing the appeals, the Court

Held : 1. The slime, including its ferrous contents, is a waste with
C no commercial value as it can neither be used nor consumed and there
are no takers of the same in business, commerce and industry. It is
different from 'fines' and concentrates, hence not exigible to charge of
royalty under section 9(1) r/w Entry 23 of Second Schedule of the Mines
& Minerals (Regulation & Development) Act, 1957. [15-D; 22-EJ

D 2.1. The royalty is to be quantified for the purpose of levy and
that cannot be done unless the provisions of the Second Schedule of
the Act are taken into con~ideration. For the purpose of levying any
charge, not only the charge has to be authorized by law, it has also to
be computed. The charging provision and the computation provision
E may be found at one place or at two different places depending on the
draftman's art of drafting, and methodology employed. In the latter
case, the charging provision and the computation provision, th.rngh
placed in two parts of the enactment, shall have to be read together
as constituting one integrated provision. Section 9 provides for levy of
F royalty and does not prescribe the rate of royalty nor does it lay down
how the royalty shall be computed~ The rate of royalty and its
computation methodology are found in Entry 23 of the Second
Schedule and therefore the reading of Section 9 which authorizes
charging of royalty cannot be complete unless what is specified in the
G Second Schedule is also read as part and parcel of Section 9. Entry 23
mandates the quantification of royalty to await or be postponed until
the processing has been carried out and the lumps, fines and concentrates
are prepared. Once the result of processing is available, the lumps,
fines and the concentrates are subjected to levy of royalty at different
H rates applied by reference to the quantity of each of the three items
NATIONAL MINERAL DEVELOPMENT CORPN. LTD. v. STATE 3

earned as a result of processing. The slimes have been left out of A
consideration by entry 23 for the purpose of quantification and levy.
(16-A-C, E, F; 17-B, CJ

2.2. Parliament made provision for the quantification of lumps,
fines and concentrates. Having done so the Parliament has not said - B
"fines including slimes". Though 'slimes' are not 'tines', the Parliament
could have assigned an artificial or extended meaning to 'fines' for the
purpose of levy of royalty, which it has chosen not to do. It is clearly
suggestive of its intention not to take into consideration 'slimes' for
quantifying the amount of royalty. This deliberate omission of C
Parliament cannot be made good by interpretative process so as to
charge royalty on 'slimes' by reading Section 9 of the Act divorced
from the provisions of the Second Schedule. Even if slimes were to be
held liable to charge of royalty, the question wouid still have remained
at what rate and on what quantity which questions cannot be answered D
by Section 9. The High Court is, therefore, not right in holding that
slimes are part of tines and hence liable to be included in Clause (ii)
of Entry 23 for the purpose of charging royalty. In the mining circles,
fines and slimes both have different meanings and understood as two
different objects. [18-H, 18-A-C; 17-D]
E
State of Orissa v. Steel Authority of India Ltd., [1998] 6 SCC 476,
distinguished.

CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 7880-
7883 of 200 I. F

From the Judgment and Order dated 25.2.99 of the Madhya Pradesh
High Court in W.P. Nos. 487-490 of 1998.

Mukul Rohtagi, Additional Solicitor General, K. Raghavacharyulu, G
P.S. Narasimha, Potaraju Sridhar, Saurabh Kirpal, Ananga Bhattacharya,
G. Seshagiri Rao, V.G. Pragasam, S.K. Agnihotri, Rohit K. Singh, Prakash
Srivastava, for the appearing parties.

The Judgment of the Court was delivered by H
4 SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.

A R.C. LAHOTI, J. : The High Court of Madhya Pradesh has by its
impugned judgment held 'slimes' exigible to charge of royalty, as forming
part and parcel of iron ore. Feeling aggrieved, the mining lessee i.e. the
appellant herein has come up in appeals by special leave to this Court. All
the appeals raise a common issue for decision.

B
National Mineral Development Corpn. Ltd. ('NMDC', for short) is
a public sector company engaged in exploring and development of iron ore
deposits in India. It holds mining leases over land admeasuring more than
600 hectares from the State of Madhya Pradesh for extracting iron ore. In
the present case we are concerned with the iron ore project of NMDC
C situated in Bailadila, District Bastar of Madhya Pradesh, which now stands
allocated to the State of Chhattisgarh consequent t:pon reorganization of
the State of Madhya Pradesh w.e. f. 0 l.l l.2000. The State of Chhattisgarh
has been joined as a party-respondent in these appeals.

D The mining leases held by the appellant are governed by the
provisions of the Mines and Minerals (Regulation and Development) Act,
1957 hereinafter 'the Act', for short. Section 9 of the Act which makes
provision for levy of royalty and Entry 23, in the Second Schedule of the
Act which makes provision for the rates and quantification of royalty, are
E relevant and hence extracted and reproduced hereunder:

"9. Royalties in respect of mining leases.

(I) The holder of a mining lease granted before the
commencement of this Act shall, notwithstanding anything
F
contained in the instrument of lease or in any law in force
at such commencement, pay royalty in respect of any
mineral removed or consumed by him or by his agent,
manager, employee, contractor or sub-lessee from the leased
area after such commencement, at the rate for the time being
G specified in the Second Schedule in respect of that mineral.

(2) The holder of a mining lease granted on or after the
commencement of this Act shall pay royalty in respect of
any mineral removed or consumed by him or by his agent, •
H manager, employee, contractor or sub-lessee from the leased
NATIONAL MINERAL DEVELOPMENT CORPN. LTD. v. STATE [LAHOTI, J.] 5
area at the rate for the time being specified in the Second A
Schedule in respect of that mineral.

(2A) The holder of a mining lease, whether granted before or after
the commencement of the Mines and Minerals (Regulation
and Development) Amendment Act, 1972, shall not be liable B
to pay any royalty in respect of any coal consumed by a
workman engaged in a colliery provided that such
consumption by the workman does not exceed one-third of
a tonne per month.

(3) The Central Government may, by notification in the Official C
Gazette, amend the Second Schedule so as to enhance or
reduce the rate at which royalty shall be payable in respect
of any mineral with effect from such date as may be
specified in the notification:
D
Provided that the Central Government shall not enhance the
rate of royalty in respect of any mineral more than once during
any period of three years."

THE SECOND SCHEDULE
RATES OF ROYALTY E
"23. Iron Ore :

(i) Lumps

(a) With 65 per cent Fe content Twenty-four
F
or more. rupees and fifty
paise per tonne

(b) With 62 per cent Fe content or Fourteen rupees and
more but less than 65 per cent Fe fifty paise per tonne.
G
(c) With 60 per cent Fe content or Ten Rupees per
more but less than 62 per cent Fe. tonne .
.{

(d) Less than 60 per cent Fe content. Seven rupees per
tonne. H
6 SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.

A (ii) Fines

(including inter alia natural fines
produced incidental to mining and
sizing of lumpy ore)
B
(a) With 65 per cent Fe content or Seventeen rupees per
more. tonne.

(b) With 62 per cent Fe content 6r · Ten rupees per
more but less than 65 per cent Fe. tonne.
c
(c) With less than 62 per cent Fe Seven rupees per
content. tonne.

(iii) Concentrates prepared by Three rupees per
D beneficiation and/or concentration tonne.
of low grade ore containing
40 per cent Fe or less.

Iron ore deposits occur mostly in the hill ranges and iron ore is found
E on the top of the hill i.e. on the surface. T~e process by which the mineral
is won, has been described by the appellant as under:

'"The ore is extracted by open cast method of mining for
which mining benches are prepared. Firstly, holes are drilled on
the benches covering entire height of the bench at regular distance
F depending on ore types. After charging of the holes with explosives
this portion of the bench is blasted. The blasted material known
as ROM (Run of Mines) consists of large boulders, fragments and
fines along with other contaminants ROM is transported to
Crushing plant by dumpers and crushed to below 150 mm sizes.
G This crushed ROM contains Lump, Fines and also contaminants
such as Alumina and Silica . The crushed ore is transported to
Screening Plant through conveyer belts and is washed with water
and screened in vibrating screens. Vibrating screens segregates •
ore into different sizes such as Lump, Calibrated Ore and Fines.
H Some times. the ore need not be washed as the percentage of
NATIONAL MINERAL DEVELOPMENT CORPN. LTD. v. STATE [LAHOTI, J.] 7
contamination is within the acceptable limits. In such cases, Run A
of Mine ore screened by dry screening i.e. without resorting to
washing by water. It is not possible to continuously resort to dry,
screening because quality of ore which does not need washing
occur mostly in patches. Also during monsoon, the ore becomes
moist due to which dry screening is not possible and washing by B
water is necessary in screening. During the processing of screening
the ore is so1ied into various sizes i.e. Lump; Calibrated Lump Ore
and Fines and the washed water, which contains mostly the
contaminants and also a part of the ROM, is diverted to and
impounded in a Tailing Pond. The ore particles are mostly less C
than 100 mesh (0.15 mm)"

"Iron ore is blasted from the hillocks and the blasted material
is brought in as boulder, fragment, fines and other extraneous
materials in small pieces and transported by dumpers to the
crushing plants. The big boulders are crushed into 150 mm size D
and transferred to the screening plant, where water is pumped for
pollution control, beneficiation and segregation of different
fragments i.e. lump and fine. In the said process, lump and fines
are segregated and through conveyor system transported to loading
yard. Waste materials and extraneous materials like mud and shale E
which form the slurry is transported through pipeline to tailing
dam where the whole material gets deposited and extra water
flown out."

The above process is such as has been described by the appellant. The F
correctness of the description has not been disputed by the respondents.
The High Court has also upheld the process to be such as described by the
appellant and proceeded to construct its judgment based thereon. The
correctness of the above description is not disputed before us too.

. The submission of the appellant is that in the process of mining, the G
iron ore is extracted and separated into ore lumps, fines and waste material
. which is generally referred to and known as "slime". "Slime" is not iron
.i.
ore within the meaning of the provisions of the Act and the Second
~chedule. It has no utility, much less as a mineral. It is only dumped. The
slime is the resultant waste material from the wet screening process H
8 SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.

A undertaken for segregation of lumps and fines. Slimes consist of impurities
and minute particles with ferrous content but the ferrous part can neither
be retrieved nor utilized for production of iron/steel as no technology for
the said purpose is yet developed . Therefore, till today, it is submitted on
behalf of the appellant, no other State in the country is collecting royalty
B on slimes. It is only the State of Madhya Pradesh which has initiated the
process of seeking to levy royalty on slimes. Such action of the State is
arbitrary and unreasonable as slimes are nothing but impurities left
available to be discarded at the end of the process of production of iron
ore lumps and iron ore fines. In view of the provisions contained in Section
C 9 and Entry 23 of the Second Schedule, both read together, the State cannot
claim to levy royalty on slimes and hence the action of the State is liable
to be struck down.

The plea of the respondents which has found favour with the High
Court is that the royalty is payable on the mineral as extracted and removed
D or consumed from the leased area by the mining lessee. The slimes are
produced from the iron ore as exlracted and removed from the leased area.
Inasmuch as the slimes do contain ferrous material, nearly in the same
proportion as the lumps1or the fines contain, on a reasonable interpretation
of Entry 23, the ·'slimes"' should be treated as included in the '"fines"".
E Merely because the slimes cannot be usefully utilized for the purpose of
extracting out the ferrous contents thereof and have no commercial value
and have, therefore. to be dumped as waste, it cannot be a ground for
exempting them from payment of royalty when the Parliament itself has
chosen not to exclude slimes from charge of royalty.

F There is yet another finding recorded by the High Court for which
purpose the High Court has relied on State of Orissa v. Steel Authority of
India Ltd, [1998] 6 SCC 476 wherein this Court has observed that
processing of any mineral extract and subjecting it to a certain process to
remove waste and foreign materials amounts to consumption and therefore
G the lessee becomes liable to pay royalty on the entire mineral extracted by
him and not merely on the net quantity of mineral obtained after processing.
The High Court has held that the entire quantity of ROM, as extracted from
the earth shall be liable to payment of royalty.

H A few questions arise for consideration : (i) What 1s ·slime' or
NATIONAL MINERAL DEVELOPMENT CORPN. LTD. v. STATE (LAHOTI, J.] 9

'slimes' as understood in mining industry and trade?, (ii) Whether 'slimes' A
is included in_. 'fines' or 'concentrates', within the meaning of Entry 23 of
the Second Schedule, for the purpose of charging royalty? We proceed to
answer the questions.

In order to understand and appreciate the legislative scheme behind B
enactment of Section 9 and Entry 23 of the Second Schedule dealing with
iron ore, it is necessary to understand a few relevant facts relating to iron
production and that we propose to do by borrowing from Encyclopaedia
Britannica.

Iron production: Iron is the most useful of the metallic elements
c
and the second most abundant in the Earth's crust, after aluminium.
In its elemental form or as steel, iron has supplied civilization with
most ofits tools and machinery, many of its products, and the bulk
of its structural elements in large-scale construction.
D
Mining and preparation for processing : Common ores -
The
most common compounds from which iron is produced are
oxides, carbonates, and sulfides.

(See Encyclopaedia Britannica, Vol. 21, 15th Edition, at E
pp. 360 - 361).

It is further stated

"Mining techniques. A substantial amount of iron ore is recovered F
by surface methods, usually known in metal mining as open-pit
or opencut. For deeper lying deposits in which the ore and wall
rocks are firm, open stopes-a series of descending steps-are
cut; in cases of small deposits, the entire ore body may be removed
from wall to wall without leaving any pi liars. Where the ore body G
lies buried in rock, deep underground, shaft mining is employed;
the vertical shaft may go down several thousand feet. Horizontal
tunnels from the shaft follow the ore deposits as they are mined,
• with locomotives and cars on tracks used to move the ore to the
shaft elevators.
H
10 SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.

A Ore with a low sulfur content are more suitable for smelting.
Formerly, only ores containing more than 30 percent iron could
be smelted profitably, but because of various upgrading processes
lower grade ores can now be used. The value of an ore deposit
depends on geographic location and accessibility.
B
Upgrading ores (beneficiation). As the high-grade deposits became
more inaccessible or exhausted and as shipping costs increased,
it became necessary to separate and discard unusable materials
from !he iron ores at, or near, the mines. Processes broac11y termed
beneficiation were developed to upgrade the ore before shipment.
c Concentration or other preparation of ores is accomplished by
leaching and drying, flotation, agglomeration. or magnetic
separation. Flotation is an ore-dressing process by which finely
pulverized ore is agitated in a mixture of oil and water. Constituent
minerals are separated from one another by virtue of their
D respective abilities to be wetted by water and by their specific
gravities."

It will also be apposite to precisely understand a few scientific and
technical terms which are of relevance for the issue at hand. Chamber's
E Science and Technology Dictionary defines the following terms as under:

" 'Iron Ores' (Geo/.). Rocks or deposits containing iron-rich
compounds in workable amounts; they may be primary or
secondary; they may occur as irregular masses, as lodes or veins,
or interbedded with sedimentary strata.
F
'Fines' (Powder Tech). That portion of a powder composed
of particles under a specified size.

'Slimes' (Min. Ext.). Particles of crushed ore which are of
G such a size that they settle very slowly in water and through a bed
which water does not readily percolate. Such particles must be
leached by agitation. By convention these particles are regarded
as less than I/400 in (0.0635 mm) in diameter (mesh number 200).
Primary slimes are naturally weathered ore, or associated clays.
H Secondary slimes are produced during comrninution."
NATIONAL MINERAL DEVELOPMENT CORPN. LID. v. STATE [LAHOTJ, J.] 11

'Concentrate' (Min.Ext.). The products of concentration A
operations in which a relatively high content of mineral has been
obtained and which are ready for treatment by chemical methods.

'Concentrate plant' (Min.Ext). Concentrator mill, reduction
works, washing, cleaning plant. Buildings and installations in B
which ore is processed by physical, chemical and/or electrical
methods to retain its valuable constituents and discard as tailings
those of no commercial interest.

A few definitions from Dictionaries Of Mining Terms by Paul W. C
Thrush and the Staff of the Bureau of Mines ( 1968, reprint 1990) deserve
to be quoted:

Concentrate. a. In mining, the product of concentration. Used in
plural form as "arrangements for treating the concentrates were D
complete." Concentrates are called ore at Joplin, Mo.; mineral at
Michigan copper mines; and tailings in Black Hawk, Colo. Fay.
b. In mining, to separate ore or metal from its containing rock or
earth. The concentration of ores always proceeds by steps or
stages. Thus the ore must be crushed before the mineral can be
separated, and certain preliminary steps, such as sizing and E
classifying, must precede the final operations, which produce the
finished concentrates. Ricketts, I. c. Can. Enriched ore after
removal of waste in beneficiation mill. Hoffman. d. The clean
product recovered in froth flotation. B.S. 3552, 1962. e. To
intensify in strength or to purify by the removal of valueless or F
unneeded constituents; condense; intensify. Standard, 1964.

Tailings. (tailings is defined inter alia as) Those portions of
washed ore that are regarded as too poor to be treated further; used
especially of the debris from stamp mills or other ore-dressing G
machinery, as distinguished from material (concentrates) that is
to be smelted. Standard, 1964. d. The inferior leavings or residue
of any product; foots, bottoms. In mining the residuum after most
of the valuable ore has been extracted. Fay. e. The term tailings
has been con>trued as including slag. Fay. f. The term tailings H
12 SUPREME COURT REPORTS (2004] SUPP. 2 S.C.R.

A as used in the mineral industry is used in the plural fonn. Fay.
g. Also applied to sectional residue, for example, table tailings,
which is the residue from shaking screens and tables. This
materials rriay be recrushed or retreated. Nelson. h. The waste rock
after the asbestos fiber has been removed. Mersereau, 4th, p. 210.
B
Tailings dam. One to which slurry is transported, the solids
settling while the liquid may be withdrawn. Pryor, 3, p.122. 1).

Slime; slimes. a. A ma1erial of extremely fine particle size

c encountered in ore treatment. ASG Gloss. b. A mixture of metals
and some insoluble compounds that forms on the anode in
electrolysis. ASM Gloss. c. A product of wet grinding containing
valuable ore in particles so fine, as to be carried in suspension by
water; chiefly used in the plural. Webster 3d. d. In metallurgy, ore
reduced to a very fine powder and held in suspension in water so
D as to form a kind of thin ore mud; generally used in the plural.
Fay. e. A mudtike substance formed of ore in an almost
impalpable powder, mix•ed with water; usually plural. Srandard,
1964. f. Primary slimes are extremely fine particles derived from
ore, associated rock, clay, or altered rock. They are usually
E found in old dumps and in ore deposits which have been
exposed to climatic action; they include clay, alumina, hydrated
iron, near colloidal common earths and weathered feldspars.
Secondary slimes are very finely ground minerals from the true
ore. P1yor, 2
F
Glossary of Geology edited by Robert L. Bates and Julia A. Jackson
(Second Edition) defines 'tailings' as those portions of washed or milled
ore that are regarded as too poor to be treated further, as distinguished from
the concentrates, or material of value.
G
According to Handbook of Mineral Dressing by Arthern & Taggart
(at p.15.04), "Slime·· is the term used in milling practice to describe a
suspension, in water o; the fully divided fraction of pulverized ore; also
the solid, whether suspended or after settling out to dt)'ing. The terminology
H is not precise e.g. the overflow of a mechanical classifier or guarding the
NATIONAL MINERAL DEVELOPMENT CORPN. LTD. v. STATE [LAHOTLJ.] 13

discharge of a grinding mill may be called SLIME as distinguished from A
the coarser sand, even though the separation be made at upward of0.5 mm
size; the over of a hydraulic classifier is called slime, more or less
inespective of the size of grains. Some writers (41 AS 98, 42 A 752) define
slime as crushed rock in water when rock is of such fineness that it will
pass a 150-or 200 m. (0.1- to 0.075-mm) screen. The solid particles in mill B
slimes are rock or mineral fragments formed by operations, and secondary
minerals such as steatite, talc, and clayey substances that have been
disintegrated and dispersed by wetting. These latter substances are often
called as SLIMES.

To asce1tain the meaning of slime, the High Court has, m its
c
impugned judgment, relied upon two references;

"Slime is the tenn used in milling practice to describe a suspension
in water of the far divided fraction of pulverized ore; also the
solid, whether suspended or after settling and drying. The D
terminology is not precise, e.g., the overflow of a mechanical
classifier or for guarding the discharge of a grinding mill may be
called SLIME as distinguished from the coarser sand, even though
the separation be made at upward of 0.5 mm size, the ore of a
hydraulic classifier is called slime, more or less irrespective of the E
size of the coarse grains." (Hand Book of Mineral Dressing by
Arthen F. Taggart)

"Slimes refer strictly to the colloidal and semi-colloidal portion
of the pulp; but in practice they are usually considered as being F
they are usually considered as being the po1tion that is composed
largely of particles that will pass a 200 mesh screen. They can be
treated by cyanide solution in agitation tanks, followed by
separation of the metal-bearing solutions from the solids by
settling and filtration." (Mining Engineers' Hand Book by Rober!
Peeli, Vol.II) G
From the abovesaid definitions as available in two reference books,
the High Cowt has concluded that "slime is nothing but powdery form of
iron ore and it contains small grains of ferrous." A little after we will test
the impact of the inference so drawn. H
14 SUPREME COURT REPORTS [2004) SUPP. 2 S.C.R.

A Reference may also be made to Monograph on Iron Ore
(Revised Edition, 1997) brought out by Indian Bureau of Mines, Ministry
of Mines, Nagpur. Dealing with Bailadila Iron Ore Mines it is stated (at
p.163):

"For disposal of waste dump, sites are selected considering
B topography of the area in order to restrict the flow of materials
into natural water course, and for this purpose, areas where closed
valleys and/or blind angles exist, have been proposed with the
provisions of rock toes. Flat tops and inward slope area, construction
of small terraces with peripherial bands for dumps and their
c stabilization by planting agave, shrubs, grasses and fast growing
trees on terraces are the important measures to be taken up for
environment-friendly disposal of waste.··

The Monograph deals with the processes adopted in India by
D Feference to different mining areas in gaining iron from ROM (Run of
Mine) also known as feed. The flow-sheet of Bailadila iron ore project of
NMDC in Dist. Bastar (M.P.) (now Chhattisgarh) reveals that the feed
(ROM) has 67.5 to 68.7% ferrous, lumps have 67.5 - 68.9% ferrous, fines
have 65.2 - 69.0% ferrous, slimes have 67.0 - 68.8% ferrous.
E In the Monograph there are eight flow sheets given showing how in
different iron ore projects Run of Mine (ROM) is processed and undergoes
the process of crushing, screening, classification and what is left to be
consigned to the tail pond which becomes 'slimes'. In Bailadila Iron Ore
Project, with which we are concerned, ROM is fed into gyratory crusher
F and then having passed through several stages the lumps are formed. Then
there is spiral classifier and dewatering screening. Fine ore is segregated.
The slimes are then consigned to the tail pond. Similar, processes are to
be found, with suitable and required technical modifications, in Bailadila
(Karnataka), Keonjar (Orissa) and several other projects. One common
G feature in all the projects is that after the fines have been recovered and
washed the slimes are consigned to tailing ponds. The tail end products
do ha\·e certain percentage of ferrous contents but then such contents are
pa11 of slag or sluny. In the tailing pond all the impurities settle down and
clean water overflows which does not cause any pollution or detriment to
H environment.
NATIONAL MINERAL DEVELOPMENT CORPN. LTD. v. STATE [LAHOTI. J.] 15
It was submitted on behalf of the appellant that the slimes generated A
due to washing operations done in screening plants are conveyed to the
tailing dam for quiescent settling. Only clear water is allowed to pass
though the wiremesh at the tailing dams. Thus the only water pollutant i.e.
suspended solids in the form oflateritic soil and some iron ore micro-fines
are retained at the upstream whereby avoiding water pollution in the natural B
water course. In the submission of the appellant, the iron ore slimes have
been treated as waste product though it contains iron content in the range
of 45-50% because it is not usable by any of the existing technologies.
Suitable technologies are still being explored and examined for converting
these iron ore slimes into value added products.
c
The submission is not refuted by the respondents that although efforts
are being made to win ferrous material from the slimes by innovating
scientific and technological methods, the achievements made till this date
do not mak.e the process commercially viable inasmuch as the cost incurred
in winning ferrous material from slimes is prohibitive; the cost incurred D
exceeds the value of the ferrous so won, out of all proportion. Thus
whatever may be the future, as on the day, the slime, including its ferrous
contents, is just a waste with no commercial value as it can neither be used
nor consumed and there are no takers of the same in business, commerce
and industry. E

There can be no manner of doubt that the entire material extracted
from the earth, so far as iron ore mines are concerned, has to be subjected
to a process for the purpose of wining iron therefrom. The process results
into (i) lumps, (ii) fines and (iii) slimes. Section 9 of the Act obliges the
holder of a mining lease to pay royalty in respect of any mineral removed
F
or consumed from the leased area. If only it would have been the question
of considering Section 9 and determining the impact thereof, may be it is
the total quantity of mineral removed from the leased area or consumed
in the beneficiation process which would have been liable for payment of
royalty and that quantity may have included the quantity of slimes as well, G
as was held by this Comt in State of Orissa v. Steel Authority of India Ltd.
(supra). But in case of iron ore the process of beneficiation involves
introduction of catalytic agents leading to separation and generation of
waste consisting of impurities which the scheme of the Act has left out from
charging. H
16 SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.

A Section 9 is not the beginning and end of the levy of royalty. The
royalty has to be quantified for purpose of levy and that cannot be done
unless the provisions of the Second Schedule are taken into consideration.
For the purpose of levying any charge, not only the charge has to be
authorized by law, it has also to be computed. The charging provision and
B the. computation provision may be found at one place or at two different
places depending on the draftsman's art of drafting and methodology
emf!>loyed. In the latter case, the charging provision and the computation
provision, though placed in two parts of the enactment, shall have to be
read together as constituting one integrated provision. The charging
C provision and the computation provision do differ qualitatively. In case of
conflict, the computation provision shall give way to the charging provision.
In case of doubt or ambiguity the computing provision shall be so
interpreted as to act in aid of charging provision. If the two can be read
together homogenously then both shall be given effect to. more so, when
it is clear from the computation provision that it is meant to supplement
D the charging provision and is, on its own, a substantive provision in the
sense that but for the computation provision the charging provision alone
would not work. The computing provision cannot be treated as mere
surplusage or of no significance; what necessarily flows therefrom shall
also have to be given effect to.
E
Applying the abovestated principle, it is clear that Section 9 neither
prescribes the rate of royalty nor does it lay down how the royalty shall
be computed. The rate of royalty and. 'its computation methodology
are to be found in the Second Schedule and therefore the reading of
F Section 9 which authorizes charging of royalty cannot be complete unless
what is specified in the Second Schedule is also read as part and parcel
of Section 9.

A !fare reading of Entry 23 reveals that the Par! iament has not chosen
to compute royalty on iron ore by itself and quantifiable as run of mine
G (ROM). The Parliament is conscious of the fact that iron ore shall have
to be subjected to processing whereafter it would yield (i) lumps, (ii) fines,
(iii) concentrates, and (iv) slimes-the last one to be found deposited in
the tailing pond. The Parliament has to be attributed with the knowledge
that keeping in view the advancements in the field of science and
H technology as on the day, the slimes do not have any commercial value.
NATIONAL MINERAL DEVELOPMENT CORPN. LID. v. STATE [LAHOTLJ.] 17

While carrying out prospecting operations it is known what will be the A
strength of the iron ore (i.e. the percentage of ferrous content) available
in a particular area. By reference to such strength or quality of iron ore,
the rate of royalty could have been made available for calculation based
on the quantity of the iron ore as run of mine and quanti.fiable on per tonne
of iron ore, that is, tonnage of iron ore as such. Parliament has chosen not B
to do so. Entry 23, the manner in which it has been drafted, mandates the
quantification of royalty to await or be postponed until the processing has
been carried out and the lumps, fines and concentrates are prepared. Once
the result of processing is available, the lumps, fines and the concentrates
are subjected to levy of royalty at different rates applied by reference to C
the quantity of each of the three items earned as a result of processing. The
slimes have been left out of consideration by Entry 23 for the purpose of
quantification and levy.

The High Court is, therefore, not right in forming an opinion that the
slimes are part of fines and hence liable to be included in Clause (ii) of D
Entry 23 for the purpose of charging the royalty. In the mining circles, fines
and slimes both have different meanings. Both the terms are well understood
as two different objects. Slimes cannot be included in 'fines'.

Dealing with the topic of technical words in technical sense, Justice E
G.P. Singh states in Principles of Statutory Interpretation (Ninth Edition,
2004 at pp. 97-99)- "in determining the meaning or connotation of words
and expressions describing an article in a tariff Schedule, one principle
which is fairly well settled is that those words and expressions should be
construed in the sense in which they are understood in the trade by the F
dealer and the consumer. The reason is that it is they who are concerned
with it, and, it is the sense in which they understand it which constitutes
the definitive index oflegislative intention". "The true test for classification
was the test of commercial identity and not the functional test". The learned
author states that the quesiion to be asked in such cases is "how is the
product identified by the class or section of people dealing with or using G
the product?" 1f the word has acquired a particular meaning in the trade
or commercial circles that meaning becomes the popular meaning in the
context and should normally be accepted. The words having a special
meaning in the context of a particular field of art or science ought to be
understood in that sense. Such a special meaning, i.e. the technical H
lB SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.

A meaning, shall be assigned as distinguished from the more common
meaning that the word may have.

It is clear that in iron ore production the run of mine (ROM) is in
a very crude form. A lot of waste material called ; impurities' accompanies
B \he iron ore. The ore has to be upgraded. Upgrading the ores is called
';beneficiation". That saves the cost of transportation. Different processes
have been developed by science and technology and accepted and adopted
in different iron ore projects for the purpose of beneficiation. In the
processes, a stage is reached which yields concentrates. They are treated
C in the concentrate plant by reso1t to physical, chemical and/or electrical
methods. The valuable constituents are retained and what is discarded as
'tailings' or 'slimes' is something of no commercial value, being just
impurities consisting of unusable materials. Concentrates is not necessarily
a stage reached in all the processes. Concentrates consist of enriched ore
segregated from waste in concentration plant. It is a substance of intensified
D strength having been purified by removal of valueless mud, slurry,
impurities and waste. Wet processing (at a stage after fines have already
been won) separates extremely fine particles, grains or fragments of ore
which are too poor to be treated any further and have to be flown for being
consigned to tail ponds as waste separated from concentrates. From
E concentrates iron can yet be won. Concentrates differ from slimes which
are to be found as such not in concentration plant but only in tail pond.
What reaches tailings darn or pond is slurry. Solid particles are deposited
and clean water overflows. This processing is done to prevent pollution and
to protect environment. There are ferrous contents in the slurry but that is
F a total waste. Inasmuch as, and undisputedly, by any process or technique
known to science and technology till this date, winning of ferrous contents
from out of the slurry is commercially unviable. The slimes are accepted
by the mother Earth once again to be dissolved in its womb.

The Parliament knowing it full well that the iron ore shall have to
G undergo a process leading to emergence of lumps, fines, concentrates and
slimes chose to make provision for quantification of royalty only by
reference to the quantity oflurnps, fines and concentrates. It left slimes out
of consideration. Nothing prevented the Parliament from either providing
for the quantity of iron ore as such as the basis for quantification of royalty.
H It chose to make provision for the quantification being awaited until the
/
' NA Tl ON AL MINERAL DEVELOPMENT CORPN. LTD. v. STATE [LAHOTLJ.] 19
----4 einergence of lumps, fines and concentrates. Having done so the Parliament A
has not said - "fines including slimes". Though 'slimes' are not 'fines'
the Parliament could have assigned an artificial or extended meaning to
'fines' for the purpose of levy of Royalty which it has chosen not to do.
It is clearly suggestive of its intention not to take into consideration 'slimes'
for quantifying the amount ofroyalty. This deliberate omission of Parliament B
cannot be made good by interpretative process so as to charge royalty on
'slimes' by reading Section 9 of the Act divorced from the provisions of
the Second Schedule. Even if slimes were to be held .liable to charge of
royalty, the question would still have remained at what rate and on what
quantity - which questions cannot be answered by Section 9.
c
May be at some point of time in future when the science and
technology have succeeded in evolving a process rendering the slimes a
useful and valuable goods on account of availability of any process making
it commercially viable to retrieve iron therefrom, the Parliament may make
appropriate amendment in Entry 23 by including therein 'slimes' and D
prescribing the rate at which royalty shall be charged thereon.

Mr. Mukul Rohatgi, the learned Additional Solicitor General assisted
by Mr. P.S. Narasimha, learned counsel for the appellant, has brought to
our notice a very significant amendment made in the Mineral Concession E
Rules, 1960. The Mineral Concession Rules, 1960 (hereinafter referred to
as the Rules, for short) have been framed by the Central Government in
exercise of the powers conferred by Section 13 of the Mines and Minerals
Regulation and Development Act, 1957. Rules 64-B and 64-C have
been introduced therein by QSR 743(E) dated 25.9.2000 which read as F
under:

"64-B. Charging of Royalty in case of minerals subjected to
processing: - (I) In case processing of run-of-mine mineral is
carried out within the leased area, then, royalty shall be chargeable
on the processed mineral removed from the leased area. G

(2) In case run-of-mine mineral is removed from the leased
area to a processing plant which is located outside the leased area,
then, royalty shall be chargeable on the unprocessed run-of-mine
mineral and not on the processed product."· H
20 SUPREME COURT REPORTS (2004) SUPP. 2 S.C.R.

A "64-C. Royalty on tailings or rejects: - On removal of
tailings or rejects from the leased area for dumping and not for
sale or consumption, outside leased area such tailings or rejects
shall not be liable for payment of royalty:

Provided that in case so dumped tailings or rejects are used
B
for sale or consumption on any later date after the date of such
dumping, then, such tailings or rejects shall be liable for payment
of royalty."

Though the objects and reasons which prompted the abovesaid
C amendment are not known to us (none placed for consideration by any of
the parties) in all probability the same seems to have been prompted by
the pronouncement of this Court in State of Orissa v. Steel Authority of
India Ltd. (supra). Be that as it may, the abovesaid Rules also suggest the
intention of the Government that dumped tailings or rejects (or in other
D words 'slimes') are to be treated as a separate head and charge of royalty
therein is not to be made as a matter of course. Dumped tailings or rejects
may be liable to payment of royalty if only they are sold or consumed.
Rules 64-B and 64-C are general in nature, applicable to all types of
minerals. There are several other entries in the Second Schedule where a
E mineral is liable to royalty on tonnage basis no sooner extracted and as run-
of·mine (ROM). Such entries do not further classify the mineral by
reference to its constituents. The case of iron ore is different. So far as the
iron ore is concerned, the provisions of the Section 9 of the Act read with
Entry 23 of the Second Schedule and the abovesaid Rules homogenously
F construed do not subject the run-of-mine (ROM) to payment of royalty.
Tfue Second Schedule does not prescribe any rate of royalty on the iron
ore as run-of-mine and the levy of royalty has to be postponed until the
processing has been done and the quantity oflumps, fines and concentrates
(none of which will include slimes) has been found out on the availability
of which data alone the royalty is capable of being quantified. Under the
G S~cond Schedule, the slimes which have come into existence shall have
to be excluded from the charge of royalty.

S/Shri S.K. Agnihotri and Prakash Shrivastava, the learned counsel
for the States of Madhya Pradesh and Chhatisgarh submitted that the Rules
H
NATIONAL MINERAL DEVELOPMENT CORPN. LTD. v. STATE [LAHOTI, J.] 21

64-B and 64-C have come to be framed on 25.9.2000 and cannot be A
applied retrospectively. We agree. There is no question of giving the
abovesaid amendment in Rules a retrospective operation. These Rules only
clarify the position as it already existed and are intended to remove the
doubts. We have pressed the said two Rules into service only for the
purpose of reinforcing the conclusion which we have already arrived at B
de hors the said amendment in Rules.

The case of State of Orissa v. Steel Authority of India Ltd. (supra),
which was relied on by the High Court and by the learned counsel for the
respondents before us is distinguishable. There the question arose as to the C
charge of royalty on dolomite and limestone dealt with by Entries 15 and
26 respectively of the Second Schedule. Beith these minerals were utilized
as raw material by the mining lessees on the leased area itself. The mining
lessee claimed that dolomite and limestone having been extracted from the
mine underwent processing wherein a part of the mineral was wasted and D
.• the wastage remained on the leased area and not removed therefrom. The
contention of the lessee was that royalty could not be demanded on that
portion of the wastage which was not removed from the mining area. This
contention was repelled by this Court by reference to Section 9( 1) of the
Act which speaks of payment of royalty in respect of any mineral removed E
or consumed by the lessee. The Court held that though the•impurities part
of dolomite and limestone was not removed from the leased area but that
would not make any difference as the run-of-mine was itself consumed
in the processing on the leased area.

Entry 15 levies royalty on tonnage basis on the dolomite itself so also F
Entry 26 levies royalty on limestone itself as run-of-mine though two
different rates are prescribed depending on the grade or percentage of
silica content in the limestone. The scheme of those two entries is different
from the scheme of Entry 23 dealing with iron ore. As no rate of royalty
has been prescribed in the Second Schedule to be charged on slimes and G
also no rate of royalty has been prescribed on iron ore as run-of-mine,
royalty cannot be charged on the wastage.

Our answers to the questions framed m the earlier part of this
judgment are: H
22 SUPREME COU~T REPORTS [2004] SUPP. 2 S.C.R.
A (i) 'Slime· or 'slimes' is a term well understood in mining
industry and trade. It is different from 'fines· and 'concentrates'
-- the term as used in the Second Schedule, Entry-23 of this
Act;

B (ii) 'Slime' or 'slimes' cannot be included in 'fines' or
'concentrates' for the purpose of charging royalty under
Section 9(1) read with Entiy-23 of the Second Schedule of
the Act.

The judgment of the High Court cannot therefore be sustained. The
C appeals are allowed. The impugned judgment of the High Court is set aside.
A writ shall issue in favour of the appellant in all the four writ petitions
filed by it commanding the respondents to not to charge royalty on the
quantity of slimes. No order as to the costs.

D D.G. Appeals allowed.

~I