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CATTLE-TRESPASS ACT, 1871
CATTLE-TRESPASS ACT, 1871
[Act No. 1 of 1871]
Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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: -
CHAPTER I : PRELIMINARY
Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973.
[1. Title and extent
(1) This Act may be called the Cattle-trespass Act, 1871; and
(2) it extends to (Sub-section (2) was substituted, for the former sub-section (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)) [the whole of the India except (The word “Pakistan” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)) [the territories which, immediately before the 1st November, 1956, were comprised in Part B States]] and the Presidency-towns and such local areas(The word “Government” was substituted, for the word “Province” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)) as the State Government by notification in the Official Gazette, may from time to time exclude from its operation.
(The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973))[***]
[Section 2 repealed by the Repealing Act, 1938]
3. 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, (The words Comma and figure “Municipal Administration Ordinance, 1960” were substituted, for the words “Bengal Municipal Act” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)) [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.]
CHAPTER II : POUNDS AND POUNDS-KEEPERS
4. Establishment of pounds
Pounds shall be established at such places as the Magistrate of the District, subject to the general control of the 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 Districts.
5. Control of pounds. Rates of charge for feeding impounded cattle
The pounds shall be under the control of the Magistrate of the District; and he shall fix, and may from time to time alter, the rates of charge for feeding and watering impounded cattle.
(The words “Union Parishad” were substituted, for the words “Union Board” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973))
[6. Appointment of pound-keepers
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 officer under the Government.
Pound-keepers to be public servants
Every pound-keeper shall be deemed to be a public servant within the meaning of the Indian Penal Code.].
Duties of pound-keepers
7. To keep registers and furnish returns
Every pound-keeper shall keep such registers and furnish such returns as the State Government from time to time directs.
8. 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 seizure, and
(d) the name and residence of the owner, if known,
and shall give the seizure or his agent a copy of the entry.
9. 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 III : IMPOUNDING CATTLE
(The words, brackets, comma and figure “Bangladesh Local Council and Municipal Committee (Dissolution and Administration) Order, 1972” were substituted, for the words “Bengal Village self-Government Act, 1919” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).)
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 of to any crop or produce thereon, and (The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)) [send them or cause them to be sent within twenty four hours ] to the pound established for the village in which the land is situated.
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.
Comment:A person is not entitled to seize cattle which has not done any damage. A clear finding of damage done by the trespassing cattle is essential to a conviction under section 24. AIR Patna 299
11. Cattle damaging public roads, canals and embankments
Persons is 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 or such roads, canals, drainage-works, or embankments, or found straying thereon.
And shall (The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)) [send them or cause them to be sent within twenty-four hours] to the nearest pound.]
(The words “Union Parishad” were substituted, for the words “Union Board” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973))
[12. Fines for cattle impounded
For every head of cattle impounded as aforesaid, the pound-keeper 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 watching cattle shall be posted in a conspicuous place on or near to every pound.]
CHAPTER IV : DELIVERY OR SALE OF CATTLE
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.
14. Procedure if cattle be not claimed within a week
If the cattle be not claimed within seven days from the date of their being impounded, the pound-keeper 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 starting--
(a) the number and description of the cattle,
(b) the placed 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.
15. Delivery to owner disputing legality of seizure, but making deposit
If the owner or his agent appear and refuse 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 under section 20, then upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.
16. Procedure when owner refuses of 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 in section 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 in section 14.
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, Delivery of unsold cattle and balance of proceeds
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.
17. Disposal of fines, expenses and surplus proceeds of sale
The officer by whom the sale was made shall send to the Magistrate of the District the fines so deducted.
The charges for feedings 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, [be deemed to hold them as part of the revenues of the State].
18. Repealted
[Section 18 repealed by the Government of India (Adaptation of Indian Laws) Order, 1937]
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, purchases 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 , unless such release or delivery is ordered by a Magistrate or Civil Court.
CHAPTER V: COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION
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 the seizure, make a complaint to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District.
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 complainant to be well founded, he shall summon the person complained against, and make an inquiry into the case.
22. Compensation for illegal seizure or detention
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, 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.
23. Recovery of compensation
The compensation, fines and expenses mentioned in section 22 may be recovered as if they were fined imposed by the Magistrate.]
CHAPTER VI : PENALTIES
24. Penalty for forcibly opposing the seizure of cattle of 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 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.
25. Recovery of penalty for mischief committed by causing cattle to trespass
Any fine imposed under the next following section or] for the offence of mischief by causing cattle to trespass on any land 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 his charge when the trespass was committed.
26. Penalty for damage cause to land or crops or public roads by pigs
Any owner or keeper of pigs 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, by allowing such pigs to trespass thereon, shall, on conviction before a Magistrate, be punished with fine not exceeding ten rupees.
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.]
27. 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 omitting to provide any impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed upon him by this Act, shall, over and above any other penalty to which he may be liable, be punished, on conviction before a Magistrate, with fine not exceeding fifty rupees.
Such fines may be recovered by deductions from the pound-keeper’s salary.
28. Application of fines recovered under section 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 proved to the satisfaction of the convicting Magistrate.
CHAPTER VII : SUITS FOR COMPENSATION
29. Saving of right to sue for compensation
Nothing herein contained prohibits any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent Court.
30. Set-off
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.
CHAPTER VIII: SUPPLEMENTAL
31. Power for State Government to transfer certain functions to local authority and direct credit of surplus receipts to local fund
The State Government may, from time to time, by notification in the official Gazette, -
(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.
32. Power for Magistrate of the District to appoint the Chairman of Municipalities or President, of Union Boards to discharge the functions of an officer under section 14
(1) The Magistrate of the District may appoint for the purposes of this Act, a Chairman of a [Paurashava] constituted under the [Municipal Administration Ordinance, 1960]; or a President of a [Union Parishad] constituted under [Bangladesh Local Council and Municipal Committee (Dissolution and Administration) Order, 1972]; to discharge the functions of an officer appointed under section 14, in respect of cattle impounded within the area included within that [Paurashava] or within the area subject to the jurisdiction of that Union Parishad, as the case may be:
Provided that a Chairman or President so appointed may, by general or special order, delegate to the Vice-Chairman of such [Pasurashava] or the Vice-President of such (The words “Union Parishad” were substituted, for the words “Union Board” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)) [Union Parishad] as the case may be, all or any of the functions of an officer appointed under section 14 which such Chairman or President is entitled to discharge and may at any time withdraw the same.
33. Delegation of certain powers of the Magistrate of the District
The Magistrate of the District may, by an order in writing, delegate -the powers specified below to any Magistrate subordinate to him:
(1) the determination of the manner of disposal or unclaimed impounded cattle under the proviso to section 14; and
(2) the settlement of claims in respect of surplus unclaimed proceeds of the sale of cattle held in deposit under section 17.
(2) A Chairman or President so appointed, or a Vice-Chairman or Vice-President to whom the Chairman or the President, as the case may be, may have delegated all or any of the functions referred to in sub-section (1), shall, not, directly or indirectly, purchase any cattle at a sale under this Act.
