Cattle-Trespass Act, 1871

[Gujarat]. – In its application to the State of Gujarat, amendment in Section 1, is the same as in Maharashtra Bombay Act 13 of 1959, Section 3 read with Gujarat Adaptation of Laws (8th Amendment) Order, 1961, Pt. II.

[Maharashtra]. – In its application to the State of Maharashtra, in Section 1, add the following proviso, namely:

Provided that on the commencement of the Cattle-Trespass (Bombay Extension and Amendment) Act, 1959, it shall extend to those areas in which the Hyderabad Cattle-Trespass Act, or as the case may be, the Cattle-Trespass Act, 1871, as modified and applied to the Saurashtra area of the State of Bombay was in force immediately before such commencement.Bombay Act 13 of 1959, Section 3 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, in sub-S. (2) of Section 1, after the words in Part B State, add other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh.Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Meghalaya]. – In its application to the State of Meghalaya, in Section 1, for sub-S. (2), substitute the following, namely:

It extends to the whole of Meghalaya. Meghalaya Adaptation of Laws (No. 3) Order, 1973.

[Haryana]. – Same as that of Punjab.See Central Act 31 of 1966, Section 88.

[Himachal Pradesh]. – Same as that of Punjab.Himachal Pradesh Act 7 of 1974, Section 2 (w.e.f. 16-2-1974).

[Orissa]. – In its application to the State of Orissa, in Section 3, at the end of the definition of local authority, add and entrusted by the State Government under section 31 with any function under this Act in that area.Orissa Acts 15 of 1948, Section 2 and Sch. I; 22 of 1950 Section 2, and Sch. II and 23 of 1950, Section 2 and Sch. II.

[Punjab, Haryana and Chandigarh]. – In its application to the States of Punjab and Haryana and Union Territory of Chandigarh, in Section 3, after the word cattle, insert does not include such bulls as are let loose for stud purposes and are specified by a notification in the Official Gazette in this behalf but.Punjab Act 24 of 1952, Section 2 (w.e.f. 3-12-1952) read with Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).

[Tamil Nadu]. – In its application to the territories added to the State of Tamil Nadu by Act 56 of 1959, amendment in Section 3 is same as in Andhra Pradesh.Madras (A.T.) A.L.O., 1961 (w.e.f. 1-4-1961).

[Maharashtra]. – In its application to the State of Maharashtra, in Section 4, for the words State Government substitute Commissioner. Bombay Act 8 of 1958, Section 3 and Sch. and Maharashtra Adaptation of Laws Order, 1961.

[Tamil Nadu]. – In its application to the State of Tamil Nadu, in Section 4, for the words Magistrate of the District substitute District Collector.Madras Act 20 of 1957, Section 2 (w.e.f. 11-12-1957) read with Madras Act 23 of 1960, Section 3 and Sch. I.

The Magistrate of the District or any officer not being below the rank of a Sub-Divisional Magistrate specially authorised by the Magistrate of the District in this behalf shall appoint for each pound a pound-keeper. Every pound-keeper appointed by the Magistrate of the District or by the officer so authorised may be suspended and removed by such Magistrate or officer. Any pound-keeper may hold simultaneously any office under the Government. Every pound-keeper shall be deemed to be a public servant within the meaning of the Indian Penal Code.Orissa Acts 15 of 1948, Section 2 and Sch. I; 22 of 1950, Section 2 and Sch. II and 23 of 1950, Section 2 and Sch. II.
Duties of Pound-keepers

[Himachal Pradesh]. – In its application to the State of Himachal Pradesh, in Section 10, after the words or any part thereof, insert or any person authorised in this behalf, either by name or by virtue of office, by Government,.Himachal Pradesh Act 7 of 1974, Section 3 (w.e.f. 16-2-1974).

[Maharashtra]. – In its application to the State of Maharashtra, in Section 10, after the words or any part thereof insert the following, namely:
or a watch and ward appointed by a panchayat established under Bombay Village Panchayats Act, 1933 or any corresponding law in force in any part of the State of Maharashtra, or any person authorised by State Government in this behalf, either by name or by virtue of office.Bombay Acts 34 of 1950, Section 2 and 13 of 1959, Section 4 read with Maharashtra Adaptation of Laws Order, 1961.

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, for Section 10, substitute the following section, namely:

10. Seizure of cattle trespassing on land and doing damage and causing hurt, etc. – The owner or occupier of any land or the person having interest in any land may seize or cause to be seized any cattle trespassing on such land and doing damage thereto or to any crop, produce or property thereon belonging to such owner, occupier or interested person, or causing hurt or injury or obstruction to any of them or to any person by leave or licence present on, or having charge of, such land or of any such crop, produce or property, and send them or cause to be sent within twenty-four hours to the pound established for the local area in which the land is situate.

All officers of police shall, when required, aid in preventing (a) resistance to such seizures and (b) rescues from persons making such seizures.C.P. and Berar Act 12 of 1935, Section 2 (w.e.f. 30-3-1935) read with Section 119 of the State Reorganisation Act, 1956 (37 of 1956) (w.e.f. 1-11-1956) and M.P. Act 23 of 1958, Section 3 and Sch.

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, in Section 11, after the words and the like, insert officers and servants of the local authorities.C.P. and Berar Act 12 of 1935, Section 3 (w.e.f. 30-3-1935) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Maharashtra]. – In its application to the State of Maharashtra, in Section 12

(a) the words head of shall be deleted;

(b) for the words Different scales may be prescribed for different local areas substitute the following, namely:

Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by the same persons according to the number of cattle impounded at a time and the number of times such cattle are impound and different scales may be prescribed for different local areas. Bombay Act 34 of 1950, Section 2.

[Orissa]. – In its application to the State of Orissa, in Section 12,

(a) for the words the pound-keepers shall levy a fine, substitute the Local Authority exercising jurisdiction within the area in which the pound is situated shall impose a fine;

(b) the second paragraph beginning with the words All fines so levied and ending with the words may direct shall be omitted.Orissa Acts 15 of 1948, Section 2 and Sch. I; 22 of 1950, Section 2 and Sch. II and 23 of 1950, Section 2 and Sch. II.

[Tamil Nadu]. – In its application to the State of Tamil Nadu, in Section 12, for the words Magistrate of the District, substitute District Collector.Madras Act 20 of 1957, Section 2 (w.e.f. 11-12-1957) and Madras Act 23 of 1960, Section 3 and Sch. I.

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, after Section 12, insert the following section, namely:

12-A. Security in respect of impounded cattle.In any local area to which the State Government may by notification, apply this section, every pound-keeper shall, before releasing any cattle, require the owner 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 rule, prescribe. Different scales may be prescribed for different areas or different classes of cattle.

If the cattle of such owner are impounded, within six months from the date of deposit, and if the seizure is not adjudged illegal, the amount of deposit or part thereof in accordance with the rules made by the State Government in this behalf shall stand forfeited to Government.

If the cattle of such owner are not impounded as aforesaid the amount of security shall, on application by or on behalf of the depositor, be refunded to him on the expiry of such period.

A fresh security shall be required to be deposited on every occasion on which the release of cattle impounded under the Act is applied for.C.P. and Berar Act 27 of 1949, Section 2 (w.e.f. 6-5-1949) and Act 37 of 1956, Section 119 and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Maharashtra]. – In its application to the State of Maharashtra, after Section 12, insert the following new section, namely:

12-A. 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 power 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 in this behalf shall stand forfeited to the State Government. If cattle are not impounded as aforesaid, the amount of security deposit 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.Bombay Act 13 of 1959, Section 5 (w.e.f. 19-3-1959).

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, after Section 12-A, insert the following section, namely:

12-B. Special provisions regarding cattle habitually allowed to go astray. – (1) If, on a report received from the Magistrate of the District or a local authority, it appears to the State Government that severe damage is being caused to crop, produce or other property in the local area under the jurisdiction of such Magistrate of the District or Local authority by reason of the cattle being allowed to go astray, the State Government may, by notification, apply the provisions of this section to such local area generally or in respect of such cattle or class of cattle as may be specified therein.

(2) Every owner or keeper of cattle in respect of which the provisions of sub-section (1) have been made applicable, shall keep his cattle in confinement or in detention during the period between one hour after sun set and one hour after sun rise.

(3) It shall be lawful for any person to seize any such cattle found astray in such local area and to send it immediately to the nearest pound. All officers of police, shall, when required, aid in preventing resistance to such seizure and rescue from person making such seizure.

(4) Whoever contravenes the provisions of sub-section (2) on conviction for the first offence, be punished with fine which may extend to one hundred rupees and in case of a second or subsequent offence with fine which may extend to five hundred rupees or with imprisonment which may extend to six months or with both.

(5) Any fine imposed under this section shall, without prejudice to any other mode of recovery provided by law, be realised by the sale of all or any of the cattle in respect of which the offence has been committed.

Explanation. For the purposes of this section

(i) to keep in confinement shall mean to keep the cattle effectively confined within any fencing, wall or compound; and

(ii) to keep in detention shall mean to keep the cattle effectively detained by any rope or other sufficiently strong tie. Madhya Pradesh Act 11 of 1960, Section 3 (w.e.f. 31-3-1960).]

[Maharashtra]. – In its application to the State of Maharashtra, after Section 12-A, insert the following section, namely:

12-B. Removal of cattle to specified places. – (1) If in any local area to which the State Government may, by notification in the Official Gazette, apply this section, a Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari is satisfied

(i) that the grazing land set apart for the use of cattle of one or more villages in the taluka, tahsil or mahal under his jurisdiction is insufficient for the cattle belonging to the permanent residents of such village; or

(ii) that the crops or grass standing on any agricultural land or grazing land so set apart are likely to be damaged by cattle belonging to persons who are not residents of such village or villages and who own more than twenty heads of cattle, he may,

(a) in any case referred to in clause (i) direct any such resident owner, by special or general order, to remove or cause to be removed all or any dry or useless cattle belonging to him to such place or places within the State and within such period as may be specified in the order, and

(b) in any case referred to in clause (ii) direct any such non-resident owner, by special or general order, to remove or cause to be removed all or any of his cattle to such place or places within the State and within such period as may be specified in the order.

(2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari as the case may be, 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 specified in the order.

(3) If the Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari is satisfied that the order issued by him under sub-section (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). [Bombay Act 13 of 1959, Section 5 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.]

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, in the first paragraph of section 13, add at the end the words and figures and on deposit of the amount of security prescribed under section 12-A.C.P. and Berar Act 27 of 1949, Section 3 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Maharashtra]. – In its application to the State of Maharashtra, in the first paragraph of Section 13, add the following namely:
and on depositing the amount of security prescribed under section 12-A.[Bombay Act 13 of 1959, Section 6 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.]

[Haryana]. – Same as that of Punjab.Punjab Act 18 of 1950 read with Central Act 31 of 1966, Section 88.

[Himachal Pradesh]. – In its application to the State of Himachal Pradesh, in Section 14, for the word seven occurring for the first time, substitute three and for seven occurring for the second time, substitute the word four Himachal Pradesh Act 7 of 1974, Section 4 (w.e.f. 16-2-1974).

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, in Section 14, for the existing provisos, substitute the following provisos, namely:

Provided that the Magistrate of the District or an officer authorised by him in this behalf, may notwithstanding anything hereinbefore contained, sell infirm and maimed cattle, pigs and asses at any time after the expiry of five days from the date of their being impounded, without the issue of a notice and proclamation:

Provided further that if no person offers to purchase at a reasonable price the cattle sold under this section, the Magistrate of the District or an officer authorised by him in this behalf may, in the manner prescribed under rules made under section 32, dispose of such cattle, including in the case of pigs and assess destruction. C.P. and Berar Act 27 of 1949, Section 4 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Maharashtra]. – In its application to the State of Maharashtra, in the proviso to Section 14, for the words Magistrate of the District, substitute officer authorised to sell them by public auction.[Bombay Act 5 of 1931, Section 2 (w.e.f. 23-5-1931). ]

[Punjab and Chandigarh]. – In its application to the State of Punjab and Union Territory of Chandigarh, in Section 14, for the words seven where it occurs for the first time, substitute three and where it occurs for the second time, substitute the word four.[Punjab Act 18 of 1959, Section 2 (w.e.f. 30-4-1959) and Central Act 31 of 1966, Section 88.]

[Tamil Nadu]. – In its application to the State of Tamil Nadu, in Section 14, for the words Magistrate of the District, substitute District Collector.[Madras Act 20 of 1957 (w.e.f. 11-12-1957).]

[Himachal Pradesh]. – Same as that of Punjab.Himachal Pradesh Act 7 of 1974, Section 5 (w.e.f. 16-2-1974).

[Punjab and Chandigarh]. – In its application to the State of Punjab and the Union Territory of Chandigarh, after Section 14, add the following section, namely:

14-A. Procedure for speedy disposal of certain unclaimed cattle. – Notwithstanding anything contained in section 14 where any unattached calf, kid or lamb or any decrepit, weak or maimed cattle is impound, the pound-keeper shall report the fact to the officer specified in that section within twenty-four hours of the impounding and such officer shall, within twenty-four hours of such report and if such unattached calf, kid or lamb or cattle has not been claimed within twenty-four hours of its impounding cause them to be disposed of by auction or otherwise after a proclamation of its disposal has been made by beat of drum in the village and at the market-place nearest to the place of seizure and in such other manner as may be prescribed:

Provided that if in the opinion of the Magistrate of the District the disposal of any such unattached calf, kid or lamb or cattle is not likely to fetch a fair price, he may send such cattle to any gosadan or pinjrapole.

Explanation. For the purposes of this section the expression,

(a) gosadan or pinjrapole means a place or an institution where old, decrepit, wounded or otherwise non-productive or useless cattle are kept for the purpose of maintenance and not for any commercial purpose, whether such place or institution is managed by Government or by a private society or person; and

(b) unattached calf, kid or lamb means a calf, kid or lamb not attached to its mother.Punjab Act 18 of 1959, Section 3 (w.e.f. 29-4-1959) and Central Act 31 of 1966, Section 88.

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, for Section 15, substitute the following section, namely:

15. Delivery of cattle to owner disputing legality of seizure but making deposit. – If the owner or his agent appears and refuses to pay the said fines and expenses, and to deposit the said amount of security and to make the said declaration, 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 as well as the amount of security and upon making a declaration as required by section 12-A, the cattle shall be delivered to him.[C.P. and Berar Act 27 of 1949, Section 5 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.]

[Maharashtra]. – In its application to the State of Maharashtra, Section 15 shall be renumbered as sub-S. (1) of that section, and after sub-S. (1), as so renumbered, insert the following sub-section, namely:

(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 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 12-A. 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 purpose of section 16.[Bombay Act 13 of 1959, Section 7 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.]

[Madhya Pradesh]. – Same as that of Maharashtra.C.P. and Berar Act 27 of 1949, Section 6 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Maharashtra]. – In its application to the State of Maharashtra, in Section 16, for the first and second paragraphs substitute the following new paragraphs, namely:

If the owner or his agent appears and refuses or omits to pay the said fines and expenses and to deposit the said amount of security or (in the case mentioned in section 15), to deposit the said fines, expenses and amount of security or to make a declaration as required by section 12-A, 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, or disposed of in accordance with the provisions therein.

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 12-A, shall be deducted from the proceeds of the sale. [Bombay Act 13 of 1959, Section 8 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.]

[Haryana]. – Same as that of Punjab.Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).

[Himachal Pradesh]. – Same as that of Punjab, except for the word State at the end for which read Government Himachal Pradesh Act 7 of 1974, Section 6 (w.e.f. 16-3-1974).

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, in Section 17, after the second paragraph, insert the following, namely:

The amount of security required under section 12-A shall be deposited with the pound-keeper.C.P. and Berar Act 27 of 1949, Section 7 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Maharashtra]. – In its application to the State of Maharashtra, in Section 17, after the second paragraph, insert the following, namely:

The amount of security required under section 12-A shall be deposited with the pound-keeper. Bombay Act 13 of 1959, Section 9 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.

[Orissa]. – In its application to the State of Orissa, in Section 17, for the words be deemed to hold them as part of the revenues of the State, substitute dispose of them as hereinafter provided.Orissa Acts 15 of 1948, Section 2 and Sch. I; 22 of 1950, Section 2 and Sch. II and 23 of 1950, Section 2 and Sch. II.

[Punjab and Chandigarh]. – In its application to the State of Punjab and Union Territory of Chandigarh, in Section 17, for the words, beginning with deposit for three months and ending with revenues of the State, substitute and if no claim thereto is preferred within six months from the date of deposit or if such claim having been preferred within this period is not established, such proceeds shall stand forfeited to the State.Punjab Act 24 of 1952, Section 4 (w.e.f. 3-12-1952) and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).

[Tamil Nadu]. – In its application to the State of Tamil Nadu, in Section 17, for the words Magistrate of the District, substitute District Collector. Madras Act 20 of 1957, Section 2 (w.e.f. 11-12-1957).

18. Application of fines. – Notwithstanding anything contained in section 12 or section 17, the fines levied in respect of every head of cattle impounded in any pound within the local limits of the jurisdiction of any local authority shall be sent to that local authority and the local authority shall utilise the sums so received for

(a) paying the remuneration of the pound-keeper; and

(b) meeting the expenses incurred for any of the purposes connected with the execution of this Act, other than the construction and maintenance of pounds, and credit the balance, if any, to its fund.Regulation 3 of 1975, Section 2.

[Orissa]. – In its application to State of Orissa, after Section 17, insert the following section, namely:

18. – All sums received on account of fines and the unclaimed proceeds of the sale of cattle shall be sent to the local authority concerned and out of those sums there shall be paid

(a) the remuneration of the pound-keepers;

(b) the expenses incurred for the construction and maintenance of pounds, or for any other purposes connected with the execution of this Act and the surplus, if any, shall be credited to the fund of the said Local Authority.Orissa Acts 15 of 1948, Section 2 and Sch. I; 22 of 1950, Section 2 and Sch. II; and 23 of 1950, Section 2 and Sch. II.

[Punjab and Chandigarh]. – In its application to the State of Punjab and Union Territory of Chandigarh, in Section 20, for the words, a Magistrate of the District or any Magistrate authorised to receive and try charges without reference by the Magistrate of the District, substitute the Chief Judicial Magistrate or any other Judicial Magistrate authorised to receive and try charges without reference by the Chief Judicial Magistrate.Punjab Act 25 of 1964, Section 2 and Sch. (w.e.f. 2-10-1964) and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).

22-A. Refund of security deposit and cancellation of forfeiture, if any. – Where the seizure of any cattle has been adjudged illegal, the security deposit made in respect of such seizure shall be refunded and the forfeiture of any security deposit made in consequence of such seizure shall be cancelled.C.P. and Berar Act 27 of 1949, Section 8 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Tamil Nadu]. – In its application to the State of Tamil Nadu, after Section 22, insert the following section, namely:

22-A. Appeal against order of compensation. – (1) Any person who has been ordered by a Magistrate under section 22 to pay compensation may appeal from the order as if such person had been convicted on a trial held by such Magistrate.

(2) When an order for payment of compensation to a complainant is made in a case which is subject to appeal under sub-section (1), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided and where such order is made in a case which is not so subject to appeal, the compensation shall not be paid before the expiration of one month from the date of the order.Madras Act 20 of 1957, Section 3 (w.e.f. 11-12-1957).

[Punjab and Chandigarh]. – In its application to the State of Punjab and Union Territory of Chandigarh, in Section 24, the words before a Magistrate shall be omitted.Punjab Act 25 of 1964, Section 2 and Sch. (w.e.f. 2-10-1964) and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).

[West Bengal]. – In its application to the State of West Bengal, in Section 24, section 24 shall be renumbered as sub-S. (1) and after sub-S. (1), as so renumbered, add the following sub-section, namely:

(2) Offences under this section shall be cognizable and bailable.West Bengal Act 4 of 1956, Section 3 (w.e.f. 16-1-1956).

24-A. Compounding of offences under section 24. – The offences punishable under section 24 may, with the permission of the Court before which any prosecution for such offence is pending, be compounded,

(a) where the cattle is rescued after seizure from a pound, by the local authority owning or maintaining the pound or, if such local authority has nominated any person in that behalf, by such person, and

(b) in other cases by the person who was opposed in seizing the cattle or, as the case may be, from whom the cattle was rescued. Uttar Pradesh Act 12 of 1957, Section 3 (w.e.f. 30-3-1957).

I ,…………..(name and office of the Magistrate, etc.), hereby charge you…………..(name of the accused) as follows:

That you, on or about the……………day of………….., at……………, forcibly opposed the seizure of cattle, namely,……………, liable to be seized under the Cattle-Trespass Act, 1871 and you rescued the same after seizure, either from a pond, namely,……………, or from a person, namely, this Act, and thereby committed an offence punishable under section 24 of the Cattle-Trespass Act, 1871 and within my cognizance.

And I hereby direct that you be tried by this Court on the said charge.

[Haryana]. – Same as that of Punjab. Punjab Act 25 of 1964 and Central Act 31 of 1966, Section 88.

[Himachal Pradesh]. – Same as in Punjab except for the word State in clause (b) for which read Government. Himachal Pradesh Act 7 of 1974, Section 7 (w.e.f. 16-2-1974).

[Maharashtra]. – In its application to the State of Maharashtra, in Section 26,

(a) Renumber the first paragraph as sub-S. (1) of Section 26;

(b) after sub-S. (1), as so renumbered, insert the following sub-section, namely:

(2) The Magistrate trying the offence under sub-section (1) may order

(a) that the accused shall pay such compensation, not exceeding two hundred and fifty rupees, as the Magistrate considers responsible, to any person for any damage proved to have been caused to his crop or other produce of land by the accused committing the offence;

(b) that the pigs in respect of which the offence has been committed shall be forfeited to the State Government.

(3) Any compensation awarded under sub-section (2) may be recovered as if it was a fine imposed under this section.

(c) renumber the second paragraph as sub-section (4) of section 26 and in sub-section (4), as so renumbered delete the words the foregoing portion of.Bombay Act 34 of 1950, Section 2(3) (w.e.f. 6-11-1950).

[Punjab and Chandigarh]. – In its application to the State of Punjab and Union Territory of Chandigarh,

(i) Renumber Section 26 as sub-S. (1) thereof and after sub-S. (1), as so renumbered, add the following sub-section, namely:

(2) While convicting such person, the Magistrate may also

(a) require him to pay to the person whose land, crop or produce has been damaged such compensation, not exceeding two hundred and fifty rupees, as may be considered reasonable, and

(b) order that the cattle in respect of which the offence has been committed shall, in addition to any other penalty imposed, be forfeited to the State.Punjab Act 24 of 1952, Section 5 (w.e.f. 3-12-1952) and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).

(ii) the words before a Magistrate shall be omitted.Punjab Act 25 of 1964, Section 2 and Sch. (w.e.f. 2-10-1964).

[Uttar Pradesh]. – In its application to the State of Uttar Pradesh, for Section 26, substitute the following section, namely:

26. Penalty for damage caused to land by cattle. – Any owner, keeper or attendant of cattle, who through neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land by allowing such cattle to trespass thereon, shall, on conviction before a Magistrate, be liable to a fine not less than Rs. 10 but not exceeding Rs. 250 or to imprisonment for a term not exceeding three months or to both.Uttar Pradesh Act 7 of 1954, Section 2 (w.e.f. 26-3-1954).

Note . – Section 3 of the Cattle Trespass (U.P. Amendment Act 7 of 1954) is as follows:

3. The State Government may, by notification in the Official Gazette with respect to any local area specified in the notification, declare that section 26 of the principal Act, as amended by this Act and section 28 of the principal Act, shall stand further amended and modified as specified in the Schedule and with effect from the date of the said declaration the principal Act shall stand amended accordingly.

Schedule

1. For section 26 of the principal Act, as amended by this Act, the following shall be substituted:

26. Penalty for damage caused to land by cattle. – Any owner, keeper or attendant of cattle, who through neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land by allowing such cattle to trespass thereon, shall, on conviction before a Magistrate, be liable

(a) for the first offence to a fine not less than Rs. 10, but not exceeding Rs. 250 or to imprisonment for a term not exceeding three months or to both.

(b) for the second or subsequent offence to an imprisonment for a term not exceeding three months and fine not exceeding Rs. 500.

2. For section 28 of the principal Act, substitute the following section, namely:

28. Application of fines recovered under section 25, 26 or 27. – All fines recovered under section 25, clause (a) of 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.Uttar Pradesh Act 7 of 1954, Section 3.

[West Bengal]. – In its application to the State of West Bengal, for Section 26, substitute, the following section, namely:

26. Penalty for damage caused to land or crop or public road by cattle. – Any owner or keeper of cattle who through neglect or otherwise, damages or causes or permits to be damaged any land or any public road by allowing such cattle to trespass thereon, shall, on conviction before a Magistrate, be punished with a fine not
exceeding two hundred rupees.West Bengal Act 4 of 1956, Section 4 (w.e.f. 16-1-1956).

26-A. Cognizance of offence. – No Court shall take cognizance of any offence punishable under section 26 except on a report in writing of the facts constituting such offence made by the person aggrieved by such offence or by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of 1860).C.P. and Berar Act 27 of 1949, Section 9 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Punjab and Chandigarh]. – In its application to the State of Punjab and Union Territory of Chandigarh, in Section 27, the words before a Magistrate shall be omitted.Punjab Act 25 of 1964, Section 2 and Sch. (w.e.f. 2-10-1964).

[Maharashtra]. – In its application to the State of Maharashtra, for Section 29, substitute the following section, namely:

29. Saving of right to sue for compensation. – Nothing herein contained prohibits any person whose property, crops or other produce of land have been damaged or to whom any hurt or injury or obstruction has been caused by trespass of cattle from suing for compensation in any competent Court.Bombay Act 13 of 1959, Section 10 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order 1961.

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, in Section 29, for the words whose crops or other produce of land have been damaged, substitute whose property, crops or other produce of land have been damaged or to whom any hurt or injury or obstruction has been caused.C.P. and Berar Act 12 of 1935, Section 4 (w.e.f. 30-3-1935) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

Provided that if in any area any of the functions of the State Government or the Magistrate of the District under this Act were, immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958, being performed by a local authority, then on such commencement all such functions shall be deemed to have been transferred to such local authority under this section.Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Tamil Nadu]. – In its application to the State of Tamil Nadu, in Section 31, for the words Magistrate of District, substitute District Collector.Madras Act 20 of 1957, Section 2 (w.e.f. 11-12-1957).

32. Power to make rules . – (1) The State Government may, by notification published in the Andhra Pradesh Gazette, make rules to carry out the purpose of this Act.

(2) All rules made under this section shall, as soon as may be, after they are made, be placed on the table of the Legislative Assembly and shall be subject to such modifications, whether by way of repeal or amendment as the Legislative Assembly may make within fourteen days thereafter during the session in which they are so placed.Andhra Pradesh Act 1 of 1959, Section 6 (w.e.f. 15-10-1962).

[Gujarat]. – Same as that of Maharashtra.Bombay Act 13 of 1959, read with Gujarat Adaptation of Laws (8th Amendment) Order, 1961.

[Maharashtra]. – In its application to the State of Maharashtra, after Section 31, insert the following new section, namely:

32. Power to make rules. – (1) The State Government may, by notification in the Official Gazette, make rules for carrying into effect the purpose of this Act.

(2) In particular but without prejudice to the generality of the foregoing provision, such rules may provide for the following matters, namely,

(i) the form of, and the procedure relating to the declaration, and the scales of deposits to be made, under section 12-A;

(ii) the procedure regulating the making of security deposits, custody and refund thereof;

(iii) the manner in which any cattle may be disposed of;

(iv) any other matter which is to be or may be prescribed.

(3) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.

(4) All rules made under this section shall be laid before each House of the Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following.Bombay Act 13 of 1959, Section 11 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.

[Madhya Pradesh]. – In its application to the State of Madhya Pradesh, after Section 31, insert the following section, namely:

32. Power to make rules. – The State Government may make rules,

(a) prescribing the form of, and the procedure relating to the making of, the declaration and the scales of deposit to be made under section 12-A;

(b) prescribing the procedure regulating the making of security deposit, custody and refund
thereof;

(c) the manner in which any cattle may be disposed of.C.P. and Berar Act 27 of 1949, Section 10 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.

[Tamil Nadu]. – Same as that of Andhra Pradesh.See Madras (A.T.) A.L.O., 1961 (w.e.f. 1-4-1961).

[West Bengal]. – In its application to the State of West Bengal, for Section 32, as inserted by West Bengal Act 5 of 1934, substitute the following section, namely:

32. Power for Magistrate of the District to appoint 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 Municipality constituted under the Bengal Municipal Act, 1932, or a President of a Union Board constituted under the Bengal Village Self-Government Act, 1919, to discharge the functions of an officer appointed under section 14, in respect of cattle impounded within the area included within that municipality or within the area subject to the jurisdiction of that Union Board 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 municipality or the Vice-President of such Union Board, 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.

(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. Bengal Act 4 of 1947, Section 3 (w.e.f. 12-3-1947).

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 of 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.Bengal Act 4 of 1947, Section 3 (w.e.f. 12-6-1947).