1 [1. Title and extent.--(1) This Act may be called the Cattle-trespass Act, 1871; and
[Repeal of Acts. References to repealed Acts.] Rep. by the Repealing Act, 1938 (1 of 1938).
In this Act,--
Every pound-keeper shall keep such registers and furnish such returns as the State Government from time to time directs.
When cattle are brought to a pound, the pound-keeper shall enter in his register,--
The pound-keeper shall take charge of, feed and water the cattle until they are disposed of as hereinafter directed.
The cultivator or occupier of any land,
1[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,
1[12. Fines for cattle impounded.--For every head of cattle impounded as aforesaid, the poundkeepers 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.
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.
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.
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 to him.
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.
The officer by whom the sale was made shall send to the Magistrate of the District the fines so deducted.
[Application of fines and unclaimed proceeds of sale.] Rep. by the A.O. 1937.
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.
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 authorised to receive and try charges without reference by the Magistrate of the District.
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 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,
The compensation, fines and expenses mentioned in section 22 may be recovered as if they were fines imposed by the Magistrate.]1
Whoever forcibly opposes the seizure of cattle liable to be seized under this Act,
1[25. Recovery of penalty for mischief committed by causing cattle to trespass.--Any fine
imposed 21 2[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 in his charge when the trespass was committed.
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.
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.
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.
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.
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.
The StateGovernment may, from time to time by notification in the Official Gazette,--