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THE CATTLE-TRESPASS ACT, 1871
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ARRANGEMENT OF SECTIONS
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PREAMBLE
CHAPTER I
PRELIMINARY
SECTIONS
CHAPTER II
POUNDS AND POUND-KEEPERS
Rates of charge for feeding impounded cattle.
DUTIES OF POUND-KEEPERS
CHAPTER III
IMPOUNDING CATTLE
List of fines and charges for feeding.
CHAPTER IV
DELIVERY OR SALE OF CATTLE
Delivery of unsold cattle and balance of proceeds. Receipt.
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SECTIONS
CHAPTER VI
PENALTIES
CHAPTER VII
SUITS FOR COMPENSATION
CHAPTER VIII
SUPPLEMENTAL
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THE CATTLE-TRESPASS ACT, 1871
ACT NO. 1 OF 18711
[13th January, 1871.]
An Act to consolidate and amend the law relating to Trespasses by Cattle
Preamble.— WHEREAS it is expedient to consolidate and amend the law relating to trespasses by cattle; It is hereby enacted as follows :—
CHAPTER I
PRELIMINARY
2[1. Title and extent.— (1) This Act may be called the Cattle-trespass Act, 1871; and
(2) It extends to the whole of India except 3 [the territories which, immediately before the 1st November, 1956, were comprised in Part B States], and the presidency-towns and such local areas as the State Government, by notification in the Official Gazette, may from time to time exclude from its operation.
4[* * * * *]
“officer of police” includes also village-watchman, and
“cattle” includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids 5[, and
6“local authority” means any body of persons for the time being invested by law with the control and administration of any matters within a specified local area, and
“local fund” means any fund under the control or management of a local authority.]
1 . T h i s A c t h a s b e e n a m e n d e d l o c a l l y —
in Ajmer b y Ajmer Act 5 o f 1954;
in Assam b y Assa m Act 1 o f 19 36 ;
in Bombay by Bombay Acts 9 of 1924, 4 of 1926, 5 of 1931 and 13 of 1959;
in Madhya Pradesh by C. P. Acts 12 of 1935, 22 of 1937, C. P. & B. Act 27 of 1948 and Madhya Pradesh Act 11 of 1960;
in Orissa by Orissa Acts 15 of 1948 and 23 of 1950;
in Punjab by Punjab Acts 24 of 1952 and 18 of 1959;
in Sambalpur District by Orissa Act 6 of 1939;
in U.P. by U.P. Act 7 of 1954;
in West Bengal by Bengal Act 5 of 1934 and rep. in pt. by Ben. Act 14 of 1947, West Ben. Acts 7 of 1948 and 4 of 1956; in Madras by Madras Act 20 of 1957;
in Andhra Pradesh by Andhra Pradesh Act 3 of 1961;
in Himachal Pradesh by Himachal Pradesh Act 7 of 1974.
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified), to the NEFA by Reg. 3 of 1960, s. 3 and Sch., subject to certain modifications (w.e.f. 1-11-1960), extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967).
The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and the First Schedule
The Act has been repealed in its application to Ballery District by Mysore Act 5 of 1955 and to Malabar District of Kerala by Kerala Act 26 of 1961.
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CHAPTER II
POUNDS AND POUND-KEEPERS
The village by which every pound is to be used shall be determined by the Magistrate of the District.
1[6. Appointment of pound-keepers. Pound-keepers may hold other offices. Pound-keepers to be public servants.—The State Government shall appoint a pound-keeper for every pound.
Any pound-keeper may hold simultaneously any other office under the Government.
Every pound-keeper shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).]
DUTIES OF POUND-KEEPERS
(a) the number and description of the animals,
(b) the day and hour on and at which they were so brought,
(c) the name and residence of the seizer, and
(d) the name and residence of the owner, if known,
and shall give the seizer or his agent a copy of the entry.
CHAPTER III
IMPOUNDING CATTLE
or any person who has advanced cash for the cultivation of the crop or produce on any land, or the vendee or mortgagee of such crop or produce or any part thereof,
may seize or cause to be seized any cattle trespassing on such land and doing damage thereto or to any crop or produce thereon, and 2[send them or cause them to be sent within twenty-four hours] to the pound established for the village in which the land is situate.
Police to aid seizures.—All officers of police shall, when required, aid in preventing (a) resistance to such seizures, and (b) rescues from persons making such seizures.
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drainage-works, embankments and the like, or the sides or slopes of such roads, canals, drainage-works or embankments or found straying thereon,
and shall 1[send them or cause them to be sent within twenty-four hours] to the nearest pound.
2[12. Fines for cattle impounded.—For every head of cattle impounded as aforesaid, the pound-keepers shall levy a fine in accordance with the scale for the time being prescribed by the State Government in this behalf by notification in the Official Gazette. Different scales may be prescribed for different local areas.
All fines so levied shall be sent to the Magistrate of the District through such; officer as the State Government may direct.
List of fines and charges for feeding.—A list of the fines and of the rates of charge for feeding and watering cattle shall be posted in a conspicuous place on or near to every pound.]
CHAPTER IV
DELIVERY OR SALE OF CATTLE
The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by the pound-keeper.
Such officer shall thereupon stick up in a conspicuous part of his office a notice stating—
(a) the number and description of the cattle,
(b) the place where they were seized,
(c) the place where they are impounded,
and shall cause proclamation of the same to be made by beat of drum in the village and at the market-place nearest to the place of seizure.
If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time and subject to such conditions as the Magistrate of the District by general or special order from time to time direct:
Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.
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Deduction of fines and expenses.—The fines leviable and the expenses of feeding and watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.
Delivery of unsold cattle and balance of proceeds.—The remaining cattle and the balance of the purchase-money, if any, shall be delivered to the owner or his agent, together with an account showing—
(a) the number of cattle seized,
(b) the time during which they have been impounded,
(c) the amount of fines and charges incurred,
(d) the number of cattle sold,
(e) the proceeds of sale, and
(f) the manner in which those proceeds have been disposed of.
Receipts.—The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the purchase-money (if any) paid to him according to such account.
The charges for feeding and watering deducted under section 16 shall be paid over to the pound-keeper, who shall also retain and appropriate all sums received by him on account of such charges under section 13.
The surplus unclaimed proceeds of the sale of cattle shall be sent to the Magistrate of the District, who shall hold them in deposit for three months, and, if no claim thereto be preferred and established within that period, shall, at its expiry, 1[be deemed to hold them as part of the revenues of the State].
Pound-keepers when not to release impounded cattle.—No pound-keeper shall release or deliver any impounded cattle otherwise than in accordance with the former part of this Chapter unless such release or delivery is ordered by a Magistrate or Civil Court.
2[CHAPTER V
COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION
If the Magistrate, on examining the complainant or his agent, sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.
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detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle,
Release of cattle.—and, if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fines and expenses leviable under this Act shall be paid by the person who made the seizure or detained the cattle.
CHAPTER VI
PENALTIES
and whoever rescues the same after seizure, either from a pound, or from any person taking or about to take them to a pound, such person being near at hand and acting under the powers conferred by this Act,
shall, on conviction before a Magistrate, be punished with imprisonment for a period not exceeding six months, or with fine not exceeding five hundred rupees, or with both.
4[The State Government, by notification in the Official Gazette, may from time to time with respect to any local area specified in the notification, direct that the foregoing portion of this section shall be read as if it had reference to cattle generally, or to cattle of a kind described in the notification, instead of to pigs only, or as if the words “fifty rupees” were substituted for the words “ten rupees,” or as if there were both such reference and such substitution.]
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Such fines may be recovered by deductions from the pound-keeper’s salary.
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CHAPTER VII
SUITS FOR COMPENSATION
1[CHAPTER VIII
SUPPLEMENTAL
(a) transfer to any local authority within any part of the territories under its administration in which this Act is in operation, all or any of the functions of the State Government or the Magistrate of the District under this Act, within the local area subject to the jurisdiction of the local authority.
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[SCHEDULE.] Rep. by the Repealing Act, 1938 (1 of 1938).
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