Private wells, water-mills and buildings to belong to the existing owner thereof

Private wells, water-mills and buildings to belong to the existing owner thereof.-All private wells, water-mills, jandars and all buildings situate within the lands transferred under the provisions of section 5 or vested in the State under the provisions of section 6, belonging to or held by the proprietor whether residing in the village or not, shall continue to belong to or be held by such proprietor and he shall also be entitled to all easements with respect of enjoyment thereof : Provided that notwithstanding anything contained in this Act, where a water-mill or jandar is held in possession by any person other than the proprietor, it shall be transferred in ownership right to such person subject to the following conditions, namely :-

1. (a) that such water-mill or jandar was held in possession by such person on 1st of Katik, 2007 ;
2. (b) if the structure of such water-mill or jandar has been built by the proprietor at his own cost the cost thereof as ascertained by a revenue officer not below the rank of a Tehsildar shall be paid to him by such person before the transfer ; and
3. (c) if such water-mill or jandar has been included by the proprietor within his unit of 182 kanals or retained by him as unculturable land under the provisions of clause
4. (a) of sub-section

1. (2) of section 4, he shall be given an option of selecting an equal area from out of the village khalsa, and such khalsa area will be transferred to him in ownership right.