Chapter I Chapter I

Preliminary

Title.--This Act may be called the Water Mills (Jandar and Gharat) Act, No.

Extent Extent.--This Act shall extend to the whole of the Jammu and Kashmir State except the following tracts, namely :--

1. (a) canals and their off-shoots under the Irrigation Branch of the Public Works Department and areas under them ;
2. (b) any tract, town or part of a town in the State which may be exempted permanently or for some period under Government's order notified in the Jammu and Kashmir Government Gazette. Explanation.--For purposes of clause
3. (a) the escape water from a canal flowing down into a channel carrying water from a source other than a canal shall not be deemed to mean an off-shoot of such canal.

Commencement.--This Act shall come into force at such date as may be fixed by the Government by notification in the Jammu and Kashmir Gazette.

Repeal and savings.--This Act when enforced shall repeal all previous rules and order relating to water mills ; provided that the mills (Jandar) which had been already started or completed under the previous rules shall be considered to have been started or completed under this Act.

Definitions.--In this Act, unless there is something repugnant in the subject or context,--

1. (i) those estates where each mill was assessed separately at the last Settlement ;
2. (ii) those estates where mills were not assessed at Settlement, but a portion of the land revenue has been assessed at bachh ;
3. (iii) those estates where mills were not assessed at bachh ; Explanation.--
4. (i) An estate where the mills were assessed at Settlement will be considered to come under class

1. (a) of that circle or Illaqa have been placed.
   • (ii) Estates where some of the mills were assessed and others were not assessed at Settlement, and those which were not assessed at Settlement, for the purposes of this Act will come under class
2. (b) (i).

Revenue Officers and their powers.--Section 6 of the Land Revenue Act, No. XII of 1996 deals with different classes of Revenue Officers.

Janda on Water Mills Janda on Water Mills.

Cases in which to be remitted.--Mills shall be liable to suspension or remission and alteration or dilution in the same manner and under the same authority as ordinary land revenue.

1. (ii) Mills situated in localities falling under Schedule A of the Alluvion and Diluvion Rules will be dealt with under rules for alluvion and diluvion with the consent of the Revenue Minister ;
2. (iii) in such cases it should be first of all satisfied/ascertained that the mill has been permanently dismantled and its gear removed.

Points to be considered when fixing assessment.--The assessment on mills situated in estates of class

1. (a) of section 5(b) and assessed at Settlement will be fixed by order of the Collector after considering the following points :--
   • (i) if in any estate fixed classification of mills exists, the mill will be assessed according to that classification ;
   • (ii) if there exists no such classification or definite ruling in force then the assessment of new mills in the village should be based on the same lines as have been adopted in regard to assessment imposed on other mills with similar advantages in the same neighbourhood. Failing these guides, the assessing officer will have regard if necessary to the following points :--
2. (a) situation of the new mill with reference to the capacity of supply of grain etc. ;
3. (b) sufficiency or otherwise of the water supply ;
4. (c) number of months during the year that the mill is expected to work ;
5. (d) output of flour as shown by actual measurement ;
6. (e) distance and height of the mill, and any other factor having a bearing on the profit to be derived.

Returns to be submitted to Commissioner.--These returns will be in Forms A and B submitted yearly at the time of submission of the wasil baqi nawis. Annual statements may be prepared and statements in regard to the mills during the preceding year, and the annual returns for the Commissioner will be prepared after checking with the entries in the wasil baqi nawis under section 25.

11.

Where land revenue on mill to be remitted Where land revenue on mill to be remitted.--In the case of a mill constructed on land which has already been assessed to land revenue, or in any other case in assessing the revenue on the mill, the revenue on such mill should be remitted, provided that the remission so calculated should be in whole fractions of a rupee.

When a mill constructed on State owned land.--

1. (i) When constructing a mill under proper authority on State owned land, the cost of the mill will be fixed on the rates sanctioned by Government. Provided that the applicant has no occupancy rights in the area in which the mill is situated.
2. (ii) A person starting a new mill will be shown in the khasra and the revenue should be shown in the demand column.

Water mill subject to land revenue.--The scale and mode of assessment with regard to water mills will be same as for land assessed to revenue. Such mills will be assessed subject to the execution of an agreement.