[Act No. 1 of
1871]1
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
2[1. Title and extent
(1) This Act may be
called the Cattle-trespass Act, 1871; and
(2) it extends to
3[the whole of the India except 4[the
territories which, immediately before the 1st November, 1956, were
comprised in Part B States]] and the Presidency-towns and such local
areas5 as the State Government by notification in the
Official Gazette, may from time to time exclude from its
operation.
6[***]
[Section 2 repealed by the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, 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.]
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.
8[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
910. 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 10[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.
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
11[send them or cause them to be sent within twenty-four
hours] to the nearest pound.
12[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, 13[be deemed to hold them as part
of the revenues of the State].
[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.
[SCHEDULE repealed by the Repealing Act, 1938 ( 1 of
1938)]