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CATTLE TRESPASS ACT, 1871
1 of 1871
13th January, 1871
"The primary object of this Bill is to consolidate the law relating to cattle trespass, which is now scattered through three Acts, III of 1857, V of 1860 and XXII of 1861 .The opportunity has been taken to improve the arrangement and the wording of the law; to provide that damages awarded for illegal seizures may be recovered as if they were fines; and (with reference to the case of Reg. V. Lingana bin Giubana, 4 Bombay High Court Rep. C.C. 14) to declare expressly that a person who, through neglect, permits a public road to be damaged by allowing his pigs to trespass thereon, is liable to be fined. The cases of Reg. v. Mir Saheb Kassamia, I Bombay High Court Rep. 100; Reg. v. Mathur Purshottam. 4 ib, C.P. 13; and Reg. v. Ganga Kom Mhasu, 516 C.C. 13 have also been carefully considered." Preamble An Act to consolidate and amend the law relating to Trespasses by Cattle. WHEREAS it is expedient to consolidate and amend the law relating to trespasses by cattle; It is hereby enacted as follows:-This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of -1936), S. 3 and Sch.and in Angul District by Regn. V of 1936, S. 3, Sch; in Santhal Parganas by Regn. III of 1872. This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949), S. 3 (1-1-1950) and to the Union Territories of Vindhya Pradesh, Manipur and Tripura by the Union Territories (Laws) Act, 1950 (30 of 1950), S. 3(16-4-1950). Vindhya Pradesh is in the State of Madhya Pradesh now -See Act 37 of 1956, S. 9(1)(e); Manipur and Tripura are States now: see Act 81 of 1871. This Act is made applicable to the Merged States by Bombay Act 4 of 1950; M. P. Act 12 of 1950-, Madras Act 35 of 1949; Orissa Act 4 of 1950; and Punjab Act 5 of 1950 [15-10-1962]. The Act has been extended to transferred territories in :- Punjab by Punj.
Act 5 of 1957; Madras by Mad. Act 23 of 1960; Andhra Pradesh by A. P. Act 16 of 1959. This Act has now been extended to the Union Territory of Pondicherry: by Reg. 6 of 1963 [w.e.f. 1- 10-1963); of Laccadive, Minicoy and Amindivi Islands now known as Lakshdweep Islands by Reg. 8 of 1965 (w.e.f. 1-10-67) and to the North-fast Frontier Area (Now known as Arunachal Pradesh under Act 81 of 1971) by Reg. 3 of 1960 (w.e.f. l-11-1960); to the Union Territory of Dadra and Nagar Haveli by Reg. 6 of l963 (w,e.f. 1-7-1965).
CHAPTER 01: PRELIMINARY
SECTION 01: TITLE AND EXTENT
[(1) This Act may be called The Cattle-Trespass Act, 1871; and
(2) It extends to 6[the whole of India except3[the territories which immediately before the 1st November, 1956. were comprised in Part B States]],4[except the presidency-towns and such local areas as the6[State Government], by notification in the Official (gazette, may from time to time exclude from its operation.]5[* * * * *]
STATE AMENDMENTS Andhra Pradesh-- In its application to the State of Andhra Pradesh in S. 1, sub-s. (2), after the expression "the territories, which immediately before the 1st November, 1956 were comprised in Part B States" insert the expression "(other than the territories, specified in sub-section ( 1 ) of section 3 of the States Reorganisation Act, 1956 except the cities of Hyderabad and Secunderabad)" - Andhra Pradesh Act 16 of 1959, S. 4 (16-10-1962). Gujarat.- In its application to the State of Gujarat, amendment in S.I is the same as in Maharashtra - Bom. Act 13 of 1959, S, 3 read with Guj. A. L. (8th Am.) Order 1961, Pt. II. Maharashtra.- In its application to the State of Maharashtra in S. I add the following proviso, namely :- "Provided that on the commencement of the Cattle-Trespass (Bombay Extension and Amendment) Act, 1959, it shall extend to those areas in which the Hyderabad Cattle-Trespass Act, or as the case may be, the Cattle-Trespass Act, 1871, as modified and applied to the Saurashtra area of the State of Bombay was in force immediately before such commencement" - Bombay Act 13 of 1959, S. 3 (19-3- 1959) and Maha. A. L. 0., 1961. Madhya Pradesh.- In sub-section (2) of section 1, after "in Part B State" add 'other than the Madya Bharat and Sironj regions of the State of Madhya Pradesh" - M. P. Act 23 of 1958. Meghalaya.- In its application to the State of Meghalaya, in S. 1, for sub-sec. (2) substitute the following, namely, "It extends to the whole of Meghalaya" - Megh. A. L. 0. (No. 3), 1973.
SECTION 02: REPEAL OF ACTS
References to repealed Acts. [Repealed by the Repealing Act (1 of 1938), S. 2 and the Schedule.]
SECTION 03: INTERPRETATION CLAUSE
In this Act,- "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,7[and "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.]
STATE AMENDMENTS Andhra Pradesh.- In its application to the State of Andhra Pradesh in S. 3, for the expression 'officer of police' includes also village watchman and" substitute the expression " 'officer of police' includes village watchman and the police patel or the person discharging the functions of the police patel in the local area concerned, and."-A. P. Act 16 of 1959, S. 5 (16-10-1962). Haryana.- Amendment in Haryana is the same as in Punjab - See Act 31 of 1966, S. 88. Himichal Pradesh.- Amendment in Himachal Pradesh is the same as in Punjab -H. P. Act 7 of 1974, S. 2(16-2-1974). Orissa.- In its application to the State of Orissa, in S. 3, at the end of the definition of local authority' add the words, namely, "and entrusted by the State Government under S. 31 with any function under this Act in that area". - Orissa Acts 15 of 1948, S. 2 and Sch. I (Part A); 22 of 1950, and Sch. II and 23 of 1950, S. 2 and Sch. II. Punjab Haryana and Chandigadh.- In its application to the States of Punjab and Haryana and U. T. of Chandigarh, in S. 3, after the word "cattle" insert the words "does not include such bulls as are let loose for stud purposes and are specified by a notification in the Official Gazette in this behalf but." - Punjab Act 24 of 1952, S. 2 (3-12-1952) read with Central Act 31 of 1966, S. 88 (1-11-1966). Tamil Nadu.- In its application to the territories added to the State of Tamil Nadu by Act 56 of 1959, amendment in section is same as in Andhra Pradesh - Mad. (A. T.) A. L. 0., 1961 (w.e.f. 1- 4-1961).
CHAPTER 02: POUNDS AND POUND—KEEPERS DUTIES OF POUND-KEEPERS
SECTION 04: ESTABLISHMENT OF POUNDS
Pounds shall be established at such places as the Magistrate of the District, subject to the general control of the8[State Government], from time to time directs. The village by which every pound is to be used shall be determined by the Magistrate of the District.
STATE AMENDMENTS Gujarat.- Amendment in the section in Gujarat is the same as in Maharashtra - Bombay Act 8 of 1958, read with S. 87 of Act 11 of 1960. Maharashtra.- In its application to the State of Maharashtra, in section 4 for the words "Slate Government" substitute the word "Commissioner."- Bombay Act 8 of 1958, S. 3 and Sch. and Maha. A. L.. 0.. 1961. Tamil Nadu.- In its application to the State of Tamil Nadu in S. 4, for the words "Magistrate of the District" substitute the words ''District Collector."- Madras Act 20of 1957, S. 2(11-12-1957) read with Madras Act 23 of 1960 S 3 and Sch. I.
SECTION 05: CONTROL OF POUNDS. RATES OF CHARGE FOR FEEDING IMPOUNDED CATTLE
The pounds shall be under the control of the Magistrae of the District; and he shall fix, and may from time to time alter, the rates of charge for feeding and watering impounded cattle.
STATE AMENDMENT Tamil Nadu.- ln its applaction to the State of Tamil Nadu in S. 5, for the words "Magistrate of the District" substitute the words "District Collector" - Madras Act 20 of 1957, S. 2(11-12-1957) read with Madras Act 23 of 1960, S. 3 and Sch. 1.
SECTION 06: APPOINTMENT OF POUND --KEEPERS
9[The State Government shall appoint a pound- keeper for every pound. Pound-keepers may hold other offices. Any pound-keeper may hold simultaneously any other office under the10[Government]. Poundkeepers to be "public servants". Every pound-keeper shall be deemed to be a public servant within the meaning ofthe Indian Penal Code]
STATE AMENDMENT Orissa.- In its application to the State of Orissa, for S. 6 substitute the following namely: 6 The Magistrate of the District or any officer not being below the rank of a Sub-Divisional Magistrate specially authorised by the Magistrate of the District in this behalf shall appoint for each pound a pound-keeper. Every pound-keeper appointed by the Magistrate of the District or by the officer so authorised may be suspended and removed by such Magistrate or officer. Any pound-keeper may hold simultaneously My office under the Government. Every pound-keeper shall be deemed to be a public servant within the meaning of the Indian P.C." - Orissa Acts 15 of 1948, S. 2 and Sch. I (Part A); 22 of 1950, S. 2 and Sch. II and 23 of 1950, S. 2 and Sch. II.
SECTION 07: TO KEEP REGISTERS AND FURNISH RETURNS
Every pound-keeper shall keep such registers and furnish such returns as the11[State Government] from time to time directs.
SECTION 08: TO REGISTER SEIZURES
When cattle are brought to a pound, the pound-keeper shall enter in his register,-
(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.
SECTION 09: TO TAKE CHARGE OF AND FEED CATTLE
The pound-keeper shall take charge of, feed and water the cattle until they are disposed of as hereinafter directed.
CHAPTER 03: IMPOUND
SECTION 10: CATTLE--DAMAGING LAND
The cultivator or occupier of any land, 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, and12[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.
STATE AMENDMENTS Guiarat.- In its application to the State of Gujarat amendment in S. 10 is the same as in Maharashtra, except that for the words 'State of Bombay' (i.e. Maharashtra). Words "Stale of Gujarat" shall be substituted. - Gujarat A. L. (8 Amendt.) Order 1961. Himachal Pradesh.- In its application to the State of Himachal Pradesh, in S. 10, after the words "or any part thereof," words "or any person authorised in this behalf, either by name or by virtue of office, by Government, "inserted. -H. P. Act, 7 of 1974, S. 3 (16-2-1974). Maharashtra.- In its application to the State of Maharashtra, in S. 10, after the words "or any part thereof" insert the following, namely,- "or a watch and ward appointed by panchayat established under Bombay Village Panchayats Act, 1933 or any .correesponding law in force in any part of the State of Maharashtra, or any person authorised by State Government in this behalf, either by name or by virtue of office." - Bom: Acts 34 of 1950, S. 2(1) and 13 of 1959, S.4 read with Maha. A.L.O., 1961. Madhya Pradesh.- In its application to the State of Madhya Pradesh for section 10, the following section shall be substituted, namely :- 10. Seizure of cattle trespassing on land and doing damage and causing hurt, etc. The owner or occupier of any land or the pen on having interest in any land may seize or cause to be seized any catttle trespassing on such land and doing damage thereto or to any erop, produce or property thereon belonging to such owner, occupier or interested person, or causing hurt or injury or obstruction to any of them or to any person by leave or license present on, or having charge of, such land or of any such crop, produce or property, and send them or cause to be sent within twenty-four hours to the pound established for the local area in which me land is situate. All officers of police shall, when required, aid in preventing (a) resistance to such seizures and (b) rescues from persons makinimich seizures."-C. P. and Berar Act 12 of 1935, S. 2 (30-3-1935) read with S. 119 of the State Reorganisation Act, 1956 (37 of 1956) [1-11-1956] and M.P. Act 23 of 1958, S. 3(1) and Sch. P(. A, Item 4.
SECTION 11: CATTLE DAMAGING PUBLIC ROADS, CANALS AND EMBANKMENTS
Persons in charge of public roads, pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers of police, may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals, drainage-works, embankments and the like or the sides or slopes of such roads, canals, drainage-works or embankments or found straying thereon. and shall13[send them or cause them to be sent within twenty-four hours] to the nearest pound.
STATE AMENDMENTS Andhra Pradesh.'' In its application to the State of Andhra Pradesh in section 11, after the word "Plantations" add the word "aerodromes" at both places; and after the words "or found straying thereon", insert the words "or within the premises of such aerodromes" - A, P. Act 30 of 1961, S. 2 [21-9-1961]. Madhya Pradesh.- In section 11 after the words "and the like" insert the words "officers and servants of the local authorities". - C.P. and Berar Act 12 of 1935, S. 3 [30-3-1935] and M,P. Act 23 of 1958, S. 3 and Sch., Pt. A.
SECTION 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 the15[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 officers as the15[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.]
STATE AMENDMENT'S Gujarat.- Amendments in the State of Gujarat in S. 12 are the same as in Maharashtra- Bombay Act 34 of 1980, rend with Guj. A.L. (8th Am.) Order, 1961. Maharashtra.- In its application to the State of Maharashtra, in S. 12. (a) delete the words "head of"; (b) for the words "Different scales may be prescribed for different local areas" substitute the following namely.- "Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by the same person according to the number of cattle impounded at a time and the number of times such cattle are impounded and different scales may be prescribed for different local areas".- Bom. Act 34 of 1950, S. 2(2). Orissa.- In section 12- (a) for the words "the pound-keepers shall l levy a fine" substitute the words "the Local Authority exercising jurisdiction within the area in which the pound is situated shall impose a fine"; (b) the second paragraph beginning with the words "All fines so levied" and ending with the words "may direct" shall be omitted - Orissa Acts 15 of 1948, S. 2 and Sch. I (Part A); 22 of 1950, S. 2 and Sch. II and 23 of 1950, S, 2 and Sch. II. .Tamil Nadu.- In its application to the State of Tamil Nadu, in section 12, for the words "Magistrate of the District" substitute the words "District Collector". - Madras Act 20 of 1957.S. 2 [11'-12-1957] and Mad. Act 23 of 1960) S: 3 and Sch, 1.
STATE AMENDMENTS Section 12A Gujarat.- Section 12A is the same as in Maharashtra –See Act 11 of 1960, S. 87 and Gujarat A.L.O.. 1960. Madhya Pradesh.- After section 12, the following section shall be inserted, namely,- "12A. Security In respect of cattle impounded.- In any local area to which the State Government may, by notification, apply this section, every pound-keeper shall, before releasing any cattle, require the owner or his agent to make, in the form to be prescribed by the State Government, a declaration regarding the ownership of such cattle and to deposit, by way of security such sum is the State Government may, by rule, prescribe. Different scales may be prescribed for different areas or different classes of cattle. If the cattle of such owner are impounded, within six months from the date of deposit, and if the seizure is not adjudged illegal, the amount of deposit or part thereof in evidence with the rules made by the State Government in this Behalf shall stand forfeited to Government. If the cattle of such owner are not impounded as aforesaid the amount of security shall, on application by or on behalf of the depositor, be refunded to him on the expiry of such period. A fresh security shall be required to be deposited on every occasion on which the release of cattle impounded under the Act is applied for", - C.P. and Berar Act 27 of 1949, S. 2 [6-5-1949] and Act 37 of 1956, S. 119 and M.P. Act 23 of 1958, S. 3 and Sch, Pt. A. Maharashtra.- After section 12, the following new section shall be inserted, namely,- "12A. Security In respect of Impounded cattle.- (1) In any local area to which the State Government may by notification, in the Official Gazette, apply this section every pound keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form to be prescribed by the State Government, a declaration regarding the ownership such cattle and to deposit by way of security such sum as the State Government may, by rules, prescribe. Different scales may be prescribed for different areas or different classes of cattle. (2) If any cattle belonging to such owner are impounded within a period of six months from the date on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a pan thereof, as may be directed by the State Government by rules in this behalf, shall stand forfeited to the State Government. If cattle are not impounded as aforesaid, the amount of security deposit shall, on an application made by or on behalf of the depositor, be refunded to him on the expiry of that period. (3) On every occasion on which the release of the cattle impounded under this Act is claimed, the owner of the cattle shall deposit a fresh security". - Bom. Act 13 of 1959. S. 5 [19.3-1959].
STATE AMENDMENTS Section 12B Gujarat.- Section 12B is the same as in Maharashtra – See Act 11 of 1960, S. 87 and Guj. A.L.O., 1960. Madhya Pradesh- After S. 12A, the following section shall be inserted, namely,- "12B.. Special provisions regarding cattle habitually allowed go astray.- (1) If, on a report received, from the Magistrate of the District or a local authority, it appears to the State Government that severe damage is being caused to crop, produce or other property in the local area under the jurisdiction of such Magistrate of the District or Local authority by reason of the cattle being allowed to go astray, the State Government may, by notification. Apply the provisions of this section to such local area generally or in respect of such cattle or class of cattle as may be specific therein. (2) Every owner or keeper of cattle in respect of which the provisions of sub-section (1) have been made applicable shall keep his cattle in confinement or in detention during the period between one hour after sun set and one hour after sun rise. (3) It shall be lawful for any person to seize any such cattle found astray in such local area and to send it immediately to the nearest pound. All officers of police, shall, when required, aid in preventing resistance to such seizure and rescue from person making such seizure. (4) Whoever contravenes the provisions of sub-section (2) on conviction for the first offence, be punished with fine which may extend to one hundred rupees and in case of a second or subsequent offence with tine which may extend to five hundred rupees or with imprisonment which may extend to six months or with both. (5) Any fine imposed under (his section shall, without prejudice to any other mode of recovery provided bylaw, be realised by the sale of all or any of the cattle in respect of which the offence has been committed. . Explanation.- For the purposes of this section- (i) "to keep in confinement" shall mean to keep the cattle effectively confined within any fencing, wall or compound; and (ii) "to keep in detention" shall mean to keep the cattle effectively detained by any rope or other sufficiently .strong tie".-M.P. Act 11 of 1960, S. 3 [31-3- 1960]. Maharashtra.- After section 12A, the following section shall be inserted, namely,- "12B. Removal of cattle to specified places.- (1) If in any local area to which the State Government may, by notification in the Official gazette, apply this section, a Mamlaidar, Tahsildar, N'aib-Tahsildar or Mahalkari is satisfied- (i) that the grazing land set apart for the use of cattle of one or more villages in the taluka, tahsil or mahal under hit jurisdiction is insufficient for the cattle belonging to the permanent residents of such village, or (ii) that the crops or grass standing on any agricultural land or grazing land so set apart are likely to be damaged t)y cattle belonging to persons who are not residents of such village Or villages and who own more than twenty heads of cattle, he may. (a) in any case referred to in clause (i) direct any such resident owner, by special or general order, to remove orcaule to be removed all or any dry or useless cattle belonging to him to such place or places within the State and within such period as may be specified in the order, and (b) in any case referred to in clause (ii) direct any such non-resident owner, by special or general order, to remove or cause to be removed alt or any of his cattle to such place or places within the State and within such period M may be specified in the order. (2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the Mamlatdar,Tahsildar, Naib-Tahsildar or Mahalkari, as the case may be, may direct a police officer not below the rank of a head constable 19 remove or cause to be removed.such cattle to the' place specified in the order. (3) If the Mamlatdar, Tahsildar, Naib-Tahsildar or Mallalkari is satisfied that the order issued by him under sub-section (1) is contravened by any owner or keeper of cattle, he may impose a fine not
exceeding one thousand rupett. Any fine so imposed may, on failure of such owner or keeper to pay the same within the specified time, be recovered by skle of all or any of the cattle order to be removed under sub-section (1)".-Born. Act 13 of 1959. S. 5 [19-3-1959] and Maha, A.L.O., 1961.
CHAPTER 04: DELIVERY OR SALE OF CATTLE
SECTION 13: PROCEDURE WHEN OWNER CLAIMS THE CATTLE AND PAYS FINES AND CHARGES
If the owner of the impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such 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.
STATE AMENDMENTS Gujarat.- Same as in Maharahstra - Born. Act 13 of 1959 and GUJ. A.L.O., 1960. Madhya Pradesh.- In the first paragraph of S. 13, add at the end the words and Figures "and on deposit of the amount security prescribed under section 12A."-C.P. and Berar Act 27 of 1949, S. 3 [6-5-1949] and M.P. Act 23 of 1958. S.3(l)and Sch. Pt.A. Maharashtra.- To the first paragraph of S. 13, add the following.-namely,- "and on depositing the amount of security prescribed under section 12A".- Born. Act 13 of 1959. S. 6 [19-3-1959] and Maha. A.L.O., 1961.
SECTION 14: PROCEDURE IF CATTLE BE NOT CLAIMED WITHIN WEEK
- If the cattle be not claimed within seven days from the date of their being impounded, the poundkeeper shall report the fact to the officer in charge of the nearest police station or to such other officer as the Magistrate of the District appoints in this behalf. Such officer shall thereupon stick up in a conspicuous part of his office a notice staling- (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 directs: 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.
STATE AMENDMENTS Gujarat - Same as in Maharashtra - Born. Act 5 of 1931 and Act 11 of 1960, S. 87. Haryana - Same as in Punjab - Punjab Act 18 of 1950 rw C.A.31of 1966, S. 88. Himacal Pradesh - In its application to the State of Himachal Pradesh, in S. 14, for the word "seven" occurring Cor the first time, substitute the word, "three" and for "seven "occurring for the second time, substitute the word "four"-H.P. Act 7 of 1974. S. 4 [16-2-1974]. Madbya Pndesh – In Section 14, for the existing Provisos, substitute the following Provisos, namely:- "Provided that the Magistrate of the District or an officer authorised by him in this behalf may notwithstanding anything hereinbefore contained, sell infirm and maimed cattle, pigs and asset at any time after the expiry of five days from .the date of their being impounded, without the issue of a notice and proclamation: Provided further that if no person offers to purchase at a reasonable price the cattle sold under this section, the Magistrate of the District or an officer authorised by him in this behalf may, in the manner prescribed under rules made under section 32,dipose of such cattle, including in the case of pigs and asses destruction:"-C. P. and Berar Act27of 1949, S. 4 [6-5-1949] and M.P. Act 23 of 1958,5. 3 and Sch. Pi. A. Mahanshtra - In the proviso to Section 14, for the words "Magistrate of the District", the words "officer authorised .to sell them by public auction" shall be substituted - Bombay Act 5 of 1931, S. 2 [23-5-1931]. Punjab: Chandigarh (U. T.) - In Section [4, for the word "seven" where it occurs for the first time, substitute the word "three" and where it occurs for the second time, substitute the word "four" - Punjab Act 18 of.l959, S. 2 [30-4-1959] and C. A. 31 of 1966, S. 88. Tamil Nadu - In Section 14, for the words "Magistrate of the District", substitute the words "District Collector" -Madras Act 20 of 1957 [11-12-1957] STATE AMENDMENTS Section 14A Haryana - Same as. in Purijab. Himachal Pradesh – Same as in Punjab -H.P. Act 7 of 1974, S. 5 [16-2-1974]. Punjab : Chapdigarh (U.T.)- In its application to Punjab, add the following after S. 14- "14A. Procedure for speedy disposal of certain unclaimed cattle. - Notwithstanding anything contained in Section 14 where any unattached calf, kid or lamb or any decrepit, weak or maimed cattle is impounded, the pound-keeper shall report the fact to the officer specified in that section within twenty-lour hours of the impounding and such of Twer shall, within twenty-four hours of such report and if such unattached calf, kid or lamb or cattle has not been claimed with twenty-four hours of its impounding cause them to be disposed of by auction or otherwise after a proclamation of its disposal has been made by beat of drum in the village and at the market-place nearest to the place of seizure and in such other manner as maybe prescribed: Provided.ihat if in the opinion of the Magistrate of the district the disposal of any such unattached calf, kid or lamb or cattle is not likely to fetch a fair price, he may send such cattle to any gosadan or pinjrapole. Explanation.- For the purpose of this section the expression - (a) "gosadan" or "pinjrapole" means a place or an institution where old, decrepit, wounded or other wise non- productive or useless cattle arc kept for the purpose of maintenance and not for any commercial purpose, whether such place or institution is managed by Government or. by a private society or peson; and (b) "unattached calf, kid er lamb" means a calf, kid or lamb net attached to its mother." -Punjab Act 18 of l959. Section 3 [29-4-1959) and C. A. 31 of 1966. S. 88.
SECTION 15: DELIVERY TO OWNER DISPUTING LEGALITY OF SEIZURE BUT MAKING DEPOSIT
If the owner or his agent appears and refuses to pay the said fines and expenses, on the ground that the seizure was illegal and that the owner is about to make a complaint undersection 20-, then, upon deposit of the Fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.
STATE AMENDMENTS Gujarat - Amendment in Section 15 in Gujarat Act is the same as in Maharashtra - Bombay Art 13 of 1959, S. 7 and Gujarat A. L. 0., 1960. Madhya Pradesh – For Section 15, substitute the following section, namely :- "I5. Dilivery of cattle to owner disputing legality of seizure but making deposit.- if the owner or his agent appears and refuses to pay the said fines and expenses, and to deposit the said amount of security and to make the said declaration, on the ground that the seizure was illegal and that the owner is about to make a complaint under S. 20, then upon deposit of the fines and charges incurred in respect of the cattle as well as the amount of security and upon making a declaration as required by S. 12A, the cattle shall by delivered to him"-C. P. and Berar Act 27 of 1949, S. 5 [6-5-1949] and M. P. Act 23 of 1958 S .3 and Sch. Pt.A. Maharastra - Section 15 shall be renumbered u sub-section (1) of. That section, and after sub-section (1), as so 'renumbered, insert the following sub-section, namely :- "(2) If on any complaint referred to in sub-section (1) the seizure is declared to be lawful, or if the
owner or his agent fails to make such complaint within a period of four weeks from the date of delivery of the cattle to him, the pound-keeper shall require such owner or agent to make e declaration and to deposit the amount of security as required by Section 12A. If the owner or his agent fails to make such declaration or to deposit such amount, the cattle delivered to him under sub-section.(l) shall be seized again for the purposes of Section 16," - Born. Act 13 of 1959, S.7 [19-3-1959] and Maharashtra A. L. 0.. 1961.
SECTION 16: PROCEDURE WHEN OWNER REFUSES OR OMITS TO PAY THE FINES AND EXPENSES
If the owner or his agent appear and refuse or omit to pay or (in the case mentioned insection 15-to deposit the said Fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such officer at such place and time, and subject to such conditions, as are referred to insection 14- 'Deduction of lines 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 parches money (if any) paid to him according to such account.
STATE AMENDMENTS Gujarat - Amendment in S. 16 is the same as in Maharashtra - Bom. Act 18 of 1959 Guj. A. L. 0" 19M. Madhya Pradesh - Same as the amendment made in Maharashtra below - C. P. and Berar Act 27 of 1949,5.6 [6-5-1949] and M. P. Act 23 of 1958, S. 3 and Sch. Pt. A. Maharastra - In Section 16, for the first and second paragraphs substitute the following new paragraphs, namely :- "If the owner or his agent appears and refuses or omits to pay the said fines and expenses and to deposit the said amount of security or (in the case mentioned in S.15) to deposit the said fines, expenses and amount of security or to make a declaration as required by S. 12A, the cattle or as many of them as may be necessary, shall be sold by public auction by such officer, at such place and time, and subject to such conditions, as are referred to in S. 14, or disposed of in accordance with the provisions therein, The fines leviable and the expenses of feeding and watering together with the expenses of sale, if any, and the amount of security prescribed under S. 12A shall be deducted from the proceeds of the sale." - Bom. Act 1} of 1959, S.8 [19-3-1959] and Maharashtra A.L.O., 1961.
SECTION 17: DISPOSAL OF FINES, EXPENSES AND SURPLUS PROCEEDS OF SALES
The officer by whom the sale was made shall send to the Magistrate of the District the Fines so deducted. The charges for feeding and watering deducted undersection 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 undersection 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,16[be deemed to hold them as part of the revenues of the State.]
STATE AMENDMENTS Gujarat -Amendment in Section 17 is the same as in Maharashtra-See Bombay Act 13 of 1959, S.9 [19-3-1959] and Gujarat A. L. 0.. 1960. Haryana - Amendment in Section 17 is the same as in Punjab Act 31,of 1966, S. 88 [1-11-1966]. Himachal Pradesh - In its application to State of Himachal Pradesh amendment in S.17 is the same as in Punjab, except for the word 'State' at the end for which read 'Government' H.P. Act 7 of 1974, S. 6 (16-3-1974). Madhya Pradesh - In Section 17. after (he second paragraph, insert the following, namely :- "The amount of security required under S. 12A shall be deposited with the pound-keeper," - C. P. and Berar Act 27 of 1949. Sec. 7 [6-5-1949] and M. P. Act 23 of 1958, S, 3 and Sch. Pt. A. Maharashtra -In S. 17, after the second paragraph, insert the following, namely:- "The amount of security required under S. 12A shall be deposited with the pound-keeper" - Bombay Act 13 of 1959. S. 9 [19-3-1959] and Maharashtra A. L. 0., 1961. Orlssa - In S. 17. for the words "be deemed to hold them as part of the revenues of the State", substitute the words "dispose of (hem as hereinafter provided". - Orissa Acts 15 of 1948. S. 2 and Sch. I (Pt. A): 22 of 1950, S. 2 and Sch. II and 23 of 1950. S. 2 and Seh. II. Punjab: Chandigarh -In S. 17, for (he words beginning with "deposit for three months" and ending with "revenues of the State", substitute the words "and if no claim there to is preferred within six months from the date of deposit 6r if such claim having been preferred within this period is not established, such proceeds shall stand forfeited to the State" -Punjab Act 24 of 1952, S. 4 [3-12-1952] and C. A. 31 of 1966, S. 88 (1-11-1966). Tamil Nadu -In S.17, for the words "Magistrate of the District", substitute the words "District Collector" - Madras Act 20 of 1957. S. 2 [11-12-1957].
SECTION 18: APPLICATION OF FINES AND UNCLAIMED PROCEEDS OF SALE
[Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]
STATE AMENDMENTS Andaman and Nicobar Islands (U. T.)- In its application to union Territory of Andaman and Nicobar Islands, after S. 17. insert the following:- "18. Application of fines.- Notwithstanding anything contained in Section 12 or Section 17, the fines levied in respect of every head of cattle impounded in any pound within the local limits of the jurisdiction of any local authority shall be sent to that local authority and the local authority shall utilise the sums so received for- (a) paying the remuneration of the pound-keeper: and (b) meeting the expenses incurred for any of the purposes connected with the execution of this Act, other than the construction and maintenance of pounds; and credit the balance, if any, to its fund", Orissa – After Section 17. the following section shall be inserted. namely:- "18. All sums received on account of fines and the unclaimed proceeds of the sale of cattle shall be sent to the Local Authority concerned and out of those sums there shall be paid- (a) the remuneration of the pound-keepers:
(b) the expenses incurred for the construction and maintenance of pounds, or for any other purposes connected with the execution of this Act and the surplus, if any, shall be credited to the fund of the said Local Authority." -Orissa Acts 15 of l948. S. 2 and Sch. I (Part A);22 of l950.S. 2and Sch.II; and 23 of l950,S.2 and Sch.II.
SECTION 19: OFFICERS AND POUND --KEEPERS NOT TO PURCHASE CATTLE AT SALES UNDER ACT
No officer of police or other officer or pound-keeper appointed under the provisions herein contained shall, directly or indirectly, purchase any cattle at a sale under this Act. 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, linless such release or delivery is ordered by a Magistrate or Civil Court.
CHAPTER 05: COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION
SECTION 20: POWER TO MAKE COMPLAINTS
Any person whose cattle have been seized under this Act, or having been so seized, have been detained in contravention of this Act. may at any time within ten days from the date of seizure, make a complaint17to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District.
STATE AMENDMENTS Haryana - Same as in Punjab - Punjab Act 25 of 1964, S. 2 and Sch. Part II and C. A. 31 of 1966, S. 88(1-11-1966). Punjab: Chandigarh - In S. 20, for the words "a Magistrate of the District or any Magistrate authorised to receive and try charges without reference by the Magistrate of the District", substitute the words "the Chief Judicial Magistrate or any other Judicial Magistrace authorised to receive and try charges without reference by the Chief Judicial Magistrate". -Punjab Acts 25 of 1964, g. 2 and Sch. Part II (2-10-1964); 31 of 1966, SJ8 (1-11-1966).
SECTION 21: PROCEDURE ON COMPLAINT
The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. It may be either in writing or verbal. If it be verbal, the substance of it shall be taken down in writing by the Magistrate. 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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