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THE CATTLE-TRESPASS ACT, 1871

Title : THE CATTLE-TRESPASS ACT, 1871

Year : 1871



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.



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 appoint in this behalf.
Such officer shall thereupon stick up in a conspicuous part of his office a notice stating-

(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 condition 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 disputed of in such manner as he thinks fit.



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.



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, subject to such conditions, as are referred to in section 14.
[Deduction of fines 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 or 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 purchase-money (if any) paid to him according to such account.



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 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; [Substituted by the A.O.1937, for "dispose of them as hereinafter provided".] [be deemed to hold them as part of the revenues of the State.]



[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.

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.(Pound-keepers when not to release impounded cattle.)



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.



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 of 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.



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, Release of castle and, 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.



The compensation, fines and expenses mentioned in section 22 may be recovered as if they were fines imposed by the Magistrate.] [See Sections 63 to 70 of the Indian Penal Code (45 of 1860), and s.386 of the Code of Criminal Procedure, 1898 (5 of 1898); cf. also, Section 25 of the General Clauses Act, 1897 (10 of 1897).]


Last updated on July, 2016

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