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KARNATAKA CATTLE TRESPASS ACT, 1966
KARNATAKA CATTLE TRESPASS ACT, 1966
19 of 1966
25th August, 1960
STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 19 OF 1966] Karnataka Gazette, Extraordinary, dated 25-8-1960 At present, there are different Cattle Trespass Acts in the several areas of the State of Karnataka, providing for the impounding of cattle damaging land or other property and for matters connected therewith. It is proposed to have a uniform law on the subject applicable to the whole of the State of Karnataka. Hence this Bill. [Report of the Select Committee See Karnataka Gazette, Extraordinary, dated 11-10-1965] (First published in the Karnataka Gazette on the Twenty-sixth day of May, 1966) (Received the assent of the Governor on the Eighteenth day of May, 1966)
An Act to provide for the impounding of cattle damaging land or other property and for matters connected therewith. Whereas, it is expedient to provide for the impounding of cattle damaging land or other property and for matters connected therewith. Be it enacted by the Karnataka State Legislature in the Seventeenth Year of the Republic of India as follows:
CHAPTER 1 PRELIMINARY
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Cattle Trespass Act, 1966.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force at once in the areas in which any of the Acts repealed by Section 31 is in force; and shall come into force in such other area on such date as the State Government may, by notification, specify: Provided that the State Government may, by notification, direct that it shall cease to be in force in any area from such date as may be specified in such notification, and thereupon Section 6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899), shall be applicable as if this Act had been repealed in such area from the said date by a Karnataka Act.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(b) "District Magistrate" means the Deputy Commissioner of the district exercising the powers of a District Magistrate;
(c) "Local Authority" means a Municipal Corporation, Municipal Council, Notified Area Committee, Sanitary Board, Cantonment Board or Village or Town Panchayat for the time being invested by law with the control and administration of any matters within a specified local area;
(d) "Local Fund" means any fund under the control or management of a local authority;
(e) "Notification" means a notification published in the Official Gazette;
(f) "Officer of Police" includes a police patel and a member of the village police;
(g) "Prescribed" means prescribed by rules made under this Act.
CHAPTER 2 POUNDS AND POUND-KEEPERS
Section3 Establishment of pounds
(1) Subject to the general or special orders of the State Government, pounds shall be established at such places as the District Magistrate may, from time to time, direct.
(2) The District Magistrate shall determine, by notification, for each pound established, the village or areas which are entitled to use such pound.
Section4 Control of pounds and charge for feeding and watering cattle
The pounds established under Section 3 shall be under the control of the District Magistrate who shall fix, from time to time, by notification, the rates of charge for feeding and watering the impounded cattle.
Section5 Appointment of pound-keepers
(2) The District Magistrate shall appoint such person as he deems fit as the pound-keeper for any pound established for any area or areas other than a village or villages.
(3) Every pound-keeper appointed under sub-section (1) shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
Section6 Duties of pound-keepers
(1) Every pound-keeper shall keep such registers and furnish such returns as may be prescribed.
(3) The pound-keeper shall give the person seizing, or causing the seizure of, the cattle or his agent a copy of the entry made under sub-section (2).
(4) The pound-keeper shall take charge of the cattle and provide them with sufficient food and water until they are disposed of in accordance with the provisions of this Act.
CHAPTER 3 IMPOUNDING CATTLE
Section7 Seizure of cattle damaging land
(1) Any person authorised by the State Government in this behalf, or any member of the watch and ward staff of a Village or Town panchayat, may seize or cause to be seized any cattle trespassing on any land in a village and doing damage to such land or to any crop or produce thereon.
(3) Cattle seized or caused to be seized under sub-section (1) or (2) shall be sent within twenty-four hours of the seizure to the pound established for the village or area in which the land is situated or such other pound as the District Magistrate may specify in this behalf.
Section8 Cattle damaging public roads, canals, embankments, etc
Whenever any cattle are found straying on or doing damage to public roads, parks, pleasure grounds, orchards, plantations, canals, drainage works, embankments, or the sides or slopes of such roads, parks, grounds, orchards, plantations, canals, drainage works and embankments and the like, persons in charge of such roads, parks, grounds, orchards, plantations, canals, drainage works, embankments and the like, or any officer of police, may seize or cause to be seized such cattle and shall send them or cause them to be sent within twenty-four hours of the seizure to the nearest pound.
Section9 Police to aid seizures
Whenever there is resistance or likelihood of resistance to a seizure under Section 7 or 8 or the likelihood of the cattle seized being attempted to be rescued from persons making such seizure, the person seizing or causing the seizure of the cattle may require the aid of the police in preventing such resistance or rescue and any officer of police shall, when so required, render the aid necessary.
Section10 Fines for cattle impounded
(2) All fines levied under sub-section (1) shall be sent by the pound- keeper to the District Magistrate, in the manner prescribed.
Section11 List of fines and charges for feeding
A list containing the scale of fines fixed under Section 10 in respect of the area in which a pound is located and of the rates of charges for feeding and watering cattle in such pound fixed under Section 4 shall be displayed in a conspicuous place in or near such pound.
CHAPTER 4 DELIVERY OR SALE OF CATTLE
Section12 Procedure when owner claims the cattle and pays fines and charges
(1) If the owner of the impounded cattle, or his agent, appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the fines fixed and the charges payable in respect of such cattle.
(2) The owner or his agent on taking back his cattle, shall sign in the register maintained by the pound-keeper, acknowledging the receipt of the cattle.
Section13 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 of 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 part thereof, as may be directed by the State Government by rules made in this behalf, shall stand forfeited to the State Government. If cattle are not impounded as aforesaid, the amount of security 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.
Section14 Removal of cattle to specified places
(2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the Tahsildar may direct a police officer not below the rank of a head constable to remove or cause to be removed such cattle to the place or places specified in the order.
(3) If the Tahsildar is satisfied that the order issued by him under subsection (1) is contravened by any owner or keeper of cattle, he may impose a fine not exceeding one thousand rupees. Any fine so imposed may, on failure of such owner or keeper to pay the same within the specified time, be recovered by sale of all or any of the cattle ordered to be removed under sub-section (1).
Section15 Procedure if cattle be not claimed within seven days
Section16 Delivery to owner disputing legality of seizure but making deposit
(1) If the owner of the impounded cattle or his agent appears before the pound-keeper and refuses to pay the fines and charges payable in respect of the cattle under sub-section (1) of Section 12, on the ground that the seizure was illegal and that the owner is about to make a complaint under Section 20, then, upon the deposit of the fines and charges payable in respect of the cattle, the cattle shall be delivered to him.
(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 a declaration and to deposit the amount of security as required by Section 13. If the owner or his agent fails to make such declaration or to deposit such amount the cattle delivered to him under sub-section (1) shall be seized again for the purposes of Section 17.
Section17 Procedure when owner refuses or omits to pay the fines and charges
(1) If the owner or his agent appears before the pound-keeper and refuses or omits to pay the said fines and charges and to deposit the said amount of security under sub-section (1) of Section 16 (or in the case mentioned in sub-section (2) of Section 16) to deposit the said fines, expenses and amount of security or to make a declaration as required by Section 13, the cattle, or as many of them as may be necessary, shall be sold by such officer, at such place and time, and subject to such conditions as are referred to in Section 15.
(2) 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 Section 13 shall be deducted from the proceeds of the sale.
(4) 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.
Section18 Disposal of fines, expenses and surplus proceeds of sale
(1) The officer by whom the sale is held shall send to the District Magistrate the fines deducted under sub-section (2) of Section 17.
(2) The fines levied under sub-section (1) of Section 10 and the fines deducted under sub-section (2) of Section 17 shall be credited to the local fund of the local authority within the jurisdiction of which the pound is located.
(3) The charges for feeding and watering deducted under Section 17 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 12.
(4) The amount of security required under Section 13 shall be deposited with the pound-keeper.
(5) The surplus unclaimed proceeds of sale of cattle shall be sent to the District Magistrate who shall hold them in deposit for a period of six months and, if no claim thereto is preferred and established within that period such proceeds shall be credited to the local fund of the local authority within the jurisdiction of which the pound is located and no suit shall lie for the recovery of any sum so credited.
Section19 Officers and pound-keepers not to purchase cattle at sales under the Act
(1) No officer of police, or other officer or pound-keeper appointed or authorised to perform any function under this Act shall directly or indirectly, purchase any cattle at a sale under this Act.
(2) No pound-keeper shall release or deliver any impounded cattle otherwise than in accordance with the provisions of this Chapter unless such release or delivery is ordered by a competent Court of Law.
CHAPTER 5 COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION
Section20 Power to make complaints
Any person whose cattle has 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 the seizure, make a complaint to any Magistrate authorised to receive and try charges.
Section21 Procedure on complaint
(2) If the Magistrate on examining the complainant or his agent has reason to believe the complaint to be well founded, he shall summon the person complained against and make an enquiry into the case.
Section22 Compensation for illegal seizure
If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant for the loss caused by the seizure or detention reasonable compensation not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle:
Provided that if the cattle have not been released, the Magistrate shall, besides ordering such compensation, order their release and direct that the fines and charges leviable under this Act shall be paid by the person who made the seizure or detained the cattle.
Section23 Recovery of compensation
The compensation, fines and charges mentioned in Section 22 may be recovered as if they were fines imposed by the Magistrate.
CHAPTER 6 PENALTIES
Section24 Penalty for forcibly opposing the seizure of cattle or rescuing the same
Whoever forcibly opposes the seizure of cattle liable to be seized under this Act, 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 under this Act, shall, on conviction, be punished with imprisonment for a period which may extend to six months or with fine which may extend to five hundred rupees or with both.
Section25 Penalty for damage caused to land or crops or public roads by cattle
(1) Any owner or keeper of cattle, who through neglect or otherwise damages or causes or permits to be damaged any land or any crop or produce of land, or any public road, and other properties mentioned in Section 8 by allowing such cattle to trespass thereon shall, on conviction, be punished with fine which may extend to fifty rupees.
(3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section.
(4) The State Government, may, by notification, with respect to any local area specified in such notification, direct that this section shall be read as if the words "imprisonment for a period which may extend to three months or with fine which may extend to five hundred rupees or with both" were substituted for the words "fine which may extend to fifty rupees".
(5) The offences under Section 24 and Section 25 shall be cognizable.
Section26 Recovery of penalty for mischief committed by causing cattle to trespass
Notwithstanding anything contained in any law, any fine imposed under Section 25 or for the offence of mischief by causing cattle to trespass on any land under Section 426 of the Indian Penal Code may be recovered by sale of all or any of the cattle by which the trespass was committed whether they were seized in the act of trespassing or not and whether they are the property of the person convicted of the offence, or were only in his charge when the trespass was committed.
Section27 Penalty on pound-keeper failing to perform duties
Any pound- keeper releasing or purchasing or delivering cattle contrary to the provisions of Section 19, or failing to perform any of the other duties imposed upon him by this Act, shall, in addition to any other penalty to which he may be liable, be punished, on conviction with fine which may extend to fifty rupees.
Section28 Application of fines recovered under Sections 25, 26 or 27
All fines recovered under Section 25, Section 26 or Section 27, may be appropriated in whole or in part as compensation for loss or damage caused to the crops or other produce or the land of any person or any person and proved to the satisfaction of the convicting Magistrate.
CHAPTER 7 MISCELLANEOUS
Section29 Saving of right to sue for compensation
(1) Nothing contained in this Act shall be deemed to preclude any person whose crops or other produce or land have been damaged by trespass of cattle from suing for compensation in any competent Court.
(2) Any compensation paid to such person under this Act by order of the convicting Magistrate shall be set off and deducted from any sum claimed by or awarded to him as compensation in such suit.
Section30 Power of State Government to authorise local authorities to exercise powers under the Act
The State Government may, by notification, authorise any local authority within the area subject to the jurisdiction of such local authority, to exercise all or any of the powers of the State Government or the District Magistrate under this Act, subject to such restrictions and conditions as may be specified in such notification.
Section31 Power to make rules
(1) The State Government may, subject to the condition of previous publication, by notification, make rules, to carry out all or any of the purposes of this Act.
Section32 Notifications and rules to be laid before State Legislature
Every notification issued under sub-section (1) of Section 10, sub-section (4) of Section 25 and Section 30, and every rule made under Section 31 shall be laid, as soon as may be, after it is issued or made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions immediately following both Houses agree in making any modification in the notification or the rule, or both Houses agree that the notification or the rule should not be issued or made, the notification or the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything done under that notification or rule.
Section33 Repeal and savings
The Karnataka Cattle Trespass Act, 1871 (Karnataka Act I of 1871), as in force in the Mysore Area, the Hyderabad Cattle Trespass Act, 1337-F (Hyderabad Act V of 1337 Fasli) as in force in the Hyderabad Area, the Cattle Trespass Act, 1871 (Central Act I of 1871) as in force in the Madras Area, Bombay Area, and the Coorg District, are hereby repealed: Provided that the provisions of Section 6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899), shall be applicable in respect of the repeal of the said enactments and Sections 8 and 26 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act.
KARNATAKA CATTLE TRESPASS RULES, 1971
In exercise of the powers conferred by Section 31 of the Karnataka Cattle Trespass Act, 1966 (Karnataka Act 19 of 1966), the Government of Karnataka hereby makes the following rules, the draft of the said rules having been published as required by sub-section (1) of the said section in GSR 219, Published in the Karnataka Gazette, dated 23-12-1971, vide Notification No. HMA 350 GGL 66, dated 25-11-1971 dated the 9th July, 1971 in the Extraordinary issue of Part IV, Section 2-C(i) of the Karnataka Gazette, dated the 15th July, 1971, namely:
Rule1 Title and commencement
(1) These rules may be called the Karnataka Cattle Trespass Rules, 1971.
(2) They shall come into force at once.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Cattle Trespass Act, 1966 (Karnataka Act of 1966);
(b) "Form" means a form specified in the Schedule to these rules;
(c) "Section" means a section of the Act.
Rule3 Registers to be kept and returns to be furnished by a pound keeper
Every pound-keeper shall.
(i) keep the registers; and
(ii) furnish the returns, in the forms specified in the Schedule to these rules.
Rule4 Procedure to be followed when cattle are brought to a pound
(1)When cattle are brought to a pound, the pound-keeper shall fill up the entries in the pound register in Form 1 as required by sub-section (2) of Section 6, and shall obtain the signature, or where a person is illiterate, the left hand thumb mark, of the person bringing the cattle to the pound, in the Register.
(2) The copy of the entry made under sub-section (2) of Section 6 to be given by the pound-keeper to the person seizing, or causing the seizure of the cattle, shall be in Form 2.
Rule5 Manner of remitting fines realised
The pound-keeper shall give a receipt in Form 3 for any amount realised on account of fine levied under sub-section (1) of Section 10, and such amount shall be remitted by him to the Government Treasury of the Taluk for being credited to the appropriate head of account in favour of the District Magistrate as required by sub-section (2) of Section 10.
Rule6 Declaration regarding ownership of cattle
(1) The declaration regarding ownership which the owner of the impounded cattle or his agent, is required to make before the impounded cattle is released by the pound- keeper, shall be in Form 4.
(2) The declaration referred to under sub-rule (1) shall be made in the presence of the pound-keeper and shall be attested by two witnesses.
Rule7 Deposit and forfeiture of security
(2) The amount deposited by way of security which shall be forfeited to the State Government under sub-section (2) of Section 13 in respect of any cattle which is impounded within a period of six months shall be twenty-five per cent of the amount deposited in respect of such cattle.
Rule8 Procedure regarding making of deposit, custody and refund thereof
(1) The sum to be deposited by way of security shall be paid in cash to the pound-keeper who shall acknowledge its receipt in Form 5.
(2) Every amount received by the pound-keeper as security deposit un- der sub-rule (1) shall be kept by him in his personal custody and account of such amount shall be maintained by him in Form 6.
(3) The pound-keeper shall on application made by or on behalf of the depositor refund the amount deposited on the expiry of the period of six months as required by sub-section (2) of Section 13 to the applicant after obtaining the signature of such person in the Register of Refunds kept in Form 7.
Rule9 Manner of disposal of cattle
If any cattle dies in the pound, the pound- keeper shall conduct a panchanama about the cause of death and dispose of the dead body and send a report to the District Magistrate in Form 8.
Rule10 Repeal and savings
All rules corresponding to these rules which are in force on the date of the commencement of these rules in the Mysore Area, Bombay Area, Coorg District, Hyderabad Area or Madras Area are hereby repealed except as respects things done or omitted to be done under such rules.
SCHEDULE 1 SCHEDULE
Form 1 FORM
FORM 1
sub-section (2) of Section 6 and sub-rule (1) of Rule 4
POUND REGISTER
Name of the Pound
SI. No.
Receipt No.
ofImpounded cattle Date and hour ofPresentatoin of cattle
Name and residence of the person seizing or, causing the seizure of cattle
Description of cattle
Name and Residence of the owner if known
Kind Age Value Height Colour
Special marks of identification
(1)
(2)
(3)
(4)
(5)
(6)
Signature or thum impression of the person seizing or causing seizure of cattle
Date and hour of release of carttle
No. and date of Release Pass
Name of person releasing the cattle
(7)
(8)
(9)
(10)
Fine realised
Feeding charges
Total of Columns
11(b)And 12(c)
Reclaimants signature or thumb impression
Reference to SI. No. in the Register of Cattle sold
Rate
Amount
Peroid of detention
Rate at which charged
Amount Charged
(a)
(b)
(a)
(b)
(c)
(11)
(12)
(13)
(14)
(15)
Form 2 RECEIPT FOR IMPOUNDED CATTLE
FORM 2
.[See sub-section (3) of Section 6 and sub-rule (2) of Rule 4]
.RECEIPT FOR IMPOUNDED CATTLE
Name of Pound.Book No.
.Receipt No.
SI. No.
Date and hour of presentationOf cattle
Description of Cattle
Special Marks of Identification
Name and residence of the person seizing or causing the seizure of cattle
Name and residence of the owner if known
Kind Number Age Value Height Colour
(1)
(2)
(3)
(4)
(5)
(6)
Date............... Signature of pound-keeper.
Amount received (in words)
(Original and Duplicate with double sided carbon Duplicate being perforated)
Form 3 Pound Receipt and Release Pass
FORM 3
[See Rule 5]
Pound Receipt and Release Pass
Book No.
ORIGINAL AND DUPLICATE
No.
Name of Pound
No. in the Pound Register
Date and hour of release
No. and description of cattle
Name and address of person releasing the cattle
Particulars of amount realized
Signature of pound-keeper
Date
Amount of fines
Amount of feeding charges
Total
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Progresisive Toteil
Amount received (in words)
Form 4 DECLARATION OF OWNERSHIP
FORM 4
[As per Section 13]
DECLARATION OF OWNERSHIP
I,............................son/daughter of................residing at.......................engaged as.........................do hereby declare that I am the rightful owner of the said cattle/that I am the authorised representative of Sri.............................../ Smt...................................the rightful owner of the said cattle.
I do hereby indemnify that in the event of any controversy that may arise from the present delivery of the cattle, I shall be liable to meet the consequences or such losses thereof, in token of which I deposit a sum of Rs...............which shall not be demanded for a period of six months from today.
I abide for the forfeiture of the said deposit amount if during the above said period, the cattle is impounded and the seizure is not adjudged illegal. Signed this day the...................................of the month of.........................the year............. at................in the presence of the.............................and the witnesses.
Witnesses: Signature.
PAYMENT
A sum of Rupees...................................has accordingly been paid by............................to Shri/Smt..................
Before me
Witnesses:
..(Any local respectable person)
Form 5 SECURITY DEPOSIT RECEIPT
FORM 5
[See sub-rule (1) of Rule 8]
SECURITY DEPOSIT RECEIPT
Book No............. Name of Pound............
No................... .Date......................
Received from............................a sum of Rs. ( )...............only on account of Security Deposit for................(Class of cattle to be noted).
Signature of the person..Signature of the
paying the amount .pound-keeper.
Form 6 REGISTER OF SECURITY DEPOSITS
FORM 6
[See sub-rule (2) of Rule 8]
REGISTER OF SECURITY DEPOSITS
SI.No.
Receipt No. and date of Deposit
Name of the Depositor
On what account
Amount
(1)
(2)
(3)
(4)
(5)
Signature of the pound-keeper.Mode of disposal of the Security
Deposit with date
Forfeiture
Form 7 Register of Refunds
FORM 7
..See sub-rule (3) of Rule 8]
..Register of Refunds
Name of the Depositor
Item No. in the Deposit Register
Deposit amount
Reasons for Refund
Amount refunded
Signature of the Depositor with date
(1)
(2)
(3)
(4)
(5)
(6)
Form 8 Issue of Report of death of cattle impounded
FORM 8
[See Rule 9]
Issue of Report of death of cattle impounded
Book No.
Name of Pound
No.
Date of Report
1.
Serial No. in the Pound Register.
2.
Description of cattle.
3.
Date and hour of death.
4.
Nature and cause of death.
5.
Name and residence of the owner, if known.
6.
Nature of disposal.
7.
Signature of the person to whom made over.
Signature of the pound-keeper.
