Chapter II Chapter II

Procedure to regulate the establishment of mills in Estates of Class (i)

Procedure for applying.--For permission to do so, the Tehsildar will then order the patwari to make entry in the Shajra Khasra, and when the slips are received, will record the statement of the applicant and issue a notice to all concerned to file their objections within a period to be specified, which shall in no case be less than a month. The notice will be issued in duplicate, one copy to be posted in a conspicuous place in the estate of proposed mill site; the second copy will be placed on the file with the report of service.

Duty of Tehsildar.--After receipt of shajra and khasra and expiry of the period of notice, the Tehsildar should satisfy himself, by personal enquiry on the spot, as to whether the construction of the proposed mill will in any way be harmful to the interests of the downstream mill owners or the irrigation of land. Even if no objections have been put in, the Tehsildar should satisfy himself and the result of the inquiry should be noted on the file. If it appears that the construction of the mill will be harmful so far as irrigation of land is concerned, the working of the mill may be permitted for a period other than the one when water is required for irrigation. When a channel for the water mill is taken out of a nallah within which exists a trout nursery or when trout is stored for fishery, the Fisheries Department should be consulted before the water mill is granted.

Objections Objections.--Any person intending to put in objections should do so in writing on one rupee stamps within the period of notice.

Tehsildar to permit construction Tehsildar to permit construction.--If the Tehsildar is satisfied that existing rights are not interfered with and if no objections have been filed or objections filed have been rejected, he shall pass orders permitting the applicant to start construction.

Applications for change of site Applications for change of site.--If the site of a mill has become unsuitable owing to flood or diversion of the water course of a river or nallah, or some other cause, the Tehsildar should demand two applications from the owner; viz. one for relinquishment of the old site and the other for construction of the new mill.

Tehsildar to refer to collector in doubtful cases.--If the Tehsildar is of opinion that the proposed mill would be harmful '[or is likely to cause erosion of land] or is otherwise objectionable, he will record his opinion and submit the file to the [Collector] for orders. The [Collector] may, after such enquiry as he deems necessary, sanction or reject the application.

Patwari's duty to report.--As soon as a mill is constructed, whether at a new ghul or otherwise that in an estate a new mill has been constructed or the site of the existing mill has been changed without permission, he should at once submit a report to the Tehsildar.

Penalty for construction without permission.--

1. (a) Any person proved to have constructed, or changed the site of a mill in contravention of sub-section 5(b) without proper permission shall be liable to be fined by [Collector] to a fine not exceeding Rs. 50 in addition to the assessment on the mill which shall be charged from the date of construction and in addition, the [Collector] may, in addition order, for such period as he deems fit, that the mill shall be dismantled.
2. (b) The fine not exceeding Rs. 50 and the order to be dismantled shall be repeated as often as the mill continues to exist.

Penalty for construction disregarding conditions.--Where it has been found that these conditions have been infringed, the [Collector] may impose a fine not exceeding Rs. 50 in case of such infringement and may also, if he thinks fit, order that the working of the mill be stopped.

A. Procedure where a mill causes erosion of land.--Where the [Collector] finds that the water out going from a mill is causing erosion of land within the area of the estate, he may order the owner of the mill to provide such safeguards and to repair the damage to the land within such time as he considers reasonable. If the owner of the mill fails to comply with the order, it shall be open to the [Collector] to order that the operation of the mill be stopped from the date of such order.