The Jammu and Kashmir Water Mills (Jandar and Gharat) Act, 1932

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.

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.

Rules relating to Mills in Estates of Classes

1. (ii) and (iii)

Wasil baqi nawis to keep register.--A register in Form C of all mills in the estate shall be kept by the Wasil baqi nawis.

No previous permission required for construction unless Collector otherwise orders.--In estate of classes

1. (ii) and (iii), no previous permission is required for construction of new mills, unless the [Collector] passes a special order forbidding their construction without permission in each case.

No new jama to be imposed.--In estates of classes

1. (ii) and
2. (iii) no new jama will be imposed or remitted on construction of new mills or on abandonment of old ones.

Procedure and functions of Patwari and Tehsildar.--On construction of a new mill, the patwari will write a report at once, and it shall be disposed of by the Tehsildar who should satisfy himself that the rights are not damaged. If objections are put in, they should be decided as in case of estate of class (i); but no separate file need be prepared, the matter being disposed of in the orders on the Patwari's report.

No register to be maintained with respect to such mills No register to be maintained with respect to such mills.--No register will be maintained in the Tehsildar's office of mills in estates of classes

1. (ii) and (iii), and no annual returns will be prepared relating to such mills.

Return of Water Mills

How mill to be shown in population.--In the jamabandi, all mills in estates of classes (i),

1. (ii) and
2. (iii) as described above will be shown as follows:--

1. (a) mills which have a separate khewat number and the revenue assessed on them is described in a separate column;
2. (b) mills of which the site does not change, will be entered with a separate Field No. and entries regarding these will take place at the end of the khasra girdawari, and the income from the gharat (water mill) in the jamabandi for revenue assessment purposes.