Chapter XX Chapter XX

The provisions of the law for the time being in force in the State of Goa pertaining to cattle tresspass (hereinafter in this section referred to as “the said Act”) shall cease to apply in relation to the municipal area to which this Act applies: Provided that — (a) nothing in this section shall affect the liability of any person to any penalty under the said Act so ceasing to be in force; (b) any appointment, notification, order, rule made or issued or deemed to be made or issued under the said Act in respect of any cattle-pounds within the limits of any municipal area shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act, and continue in force until superseded by any appointment, notification, order or rule made under this Act; (c) any cattle-pound in the local area established or deemed to be established under the said Act so ceasing to be in force shall be deemed to be vested in the Council within whose limits it is situated and shall be maintained and managed by the Council in accordance with the provisions in this Act. Explanation:— For the purposes of Chapter XX “cattle” means and includes bulls, bullocks, heifers, cows and their young, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and kids;

(1) Notwithstanding anything contained in any law for the time being in force, every Council within the limits of its jurisdiction shall, from time to time, appoint such places as it thinks fit to be public pounds, and may appoint suitable persons to be keepers of such pounds. (2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the Council.

Duties of pound-keepers. (1) Every pound-keeper shall maintain such registers and prepare such returns as the Government may from time to time by rules prescribe. (2) 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 seizer; and (d) the name and residence of the owner, if known; and shall give the seizer or his agent a copy of the entry. (3) The pound-keeper shall take charge of, feed and water, the cattle until they are disposed of as hereinafter provided.

(1) It shall be the duty of every police officer and it shall be lawful for any municipal officer or servant authorised by the Chief Officer in this behalf to seize and take to any public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the municipal area. (2) It shall be lawful for any person who is the owner or who is in charge of any private or public property to seize and take to any such public pound for confinement therein, any cattle trespassing upon such property or causing damage thereto. (3) Whoever forcibly opposes the seizure of cattle liable to be seized under this section, and whoever rescues the same after seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

Delivery of cattle claimed. If the owner of cattle which are impounded under the last preceding section or his agent appears and claims such cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 274.

Impounding cattle. Security in respect of impounded cattle. (1) Every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form prescribed by rules, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the 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 prescribed by rules, shall stand forfeited to the Council. 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.

Sale of cattle not claimed. (1) if within ten days after any cattle has been impounded, no person appearing to be the owner of such cattle claims the cattle under section 270, such cattle shall be forthwith sold by auction. (2) If within the period specified in sub-section (1), the owner or his agent claims the cattle but refuses or fails to pay the pound-fees and the expenses chargeable under the next succeeding section, the cattle or as many of them as may be necessary, shall be sold by auction: Provided that, if the cattle is not sold at auction under sub-section (1) or (2), it shall be disposed of in such other manner as the Government may by rules prescribe. (3) The Government may frame rules prescribing the manner in which auction under sub-section (1) or (2) may be held. (4) The surplus remaining after deducting the pound-fee and expenses aforesaid from the proceeds of the sale, shall be paid to any person who within fifteen days after the sale, proves to the satisfaction of the Chief Officer, that he was the owner of such cattle and shall in any other case, form part of the municipal fund. (5) No police officer, or Councillor or officer or servant of the Council, including the pound-keeper, shall, directly or indirectly, purchase any cattle at a sale under sub-section (1) or (2).

Pound-fees and expenses chargeable to be fixed. (1) The pound-fee chargeable shall be such as the Government may, from time to time, by rules prescribe for each kind of cattle. (2) The expenses chargeable shall be at such rates for each day during any part of which any cattle is impounded, as the Council may by bye-laws fix.

Complaints of illegal seizure or detention. (1) Any person whose cattle have been seized under this Chapter, or having been so seized, have been detained, in contravention thereof, may, at any time, within ten days from the date of the seizure, make a complaint to a Magistrate of the first class. (2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. If the Magistrate on examining the complainant or his agent has reason to believe that the complaint is well founded, he shall summon the persons complained against, and make an inquiry into the case. (3) 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 Five thousand rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complainant in procuring the release of the cattle, and if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fees and expenses leviable under this chapter shall be paid by the person who made the seizure or detained the cattle. (4) The compensation, fees and expenses mentioned in this section, may be recovered as if they were fines imposed by the Magistrate.

(1) Whoever, within a municipal area, allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property shall, on conviction, be punished — (i) for the first offence, with fine which may extend to one thousand rupees; (ii) for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. (2) The Magistrate trying the offence under sub-section (1) may order,— (a) that the accused shall pay such compensation not exceeding one thousand rupees as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to the produce of land, by the cattle under the control of the accused, trespassing on his land; and also, (b) that the cattle in respect of which an offence has been committed shall be forfeited to the Government. (3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section. (4) An offence under this section shall be cognizable.

Tethering cattle, etc. Whoever tethers cattle or other animals, or causes or suffers them to be tethered by any member of his family or household, in any public street or place so as to obstruct or endanger the public traffic therein, or to cause a nuisance, or who causes or suffers such animals to stray about without a keeper, shall, on conviction, be punished— (a) for a first offence, with fine which may extend to one thousand rupees; (b) for a second or subsequent offence, with fine which may extend to two thousand rupees.

Provision as to dogs. (1) A Council may be public notice require that every dog while in the street and not being led by some person shall be muzzled in such a way as to allow the dog freely to breathe and to drink, while effectually preventing it from biting. (2) When a notice under sub-section (1) has been issued, the Chief Officer may take possession of any dog found wandering unmuzzled in any public street or place and may either detain such dog until its owner has within three clear days claimed it, provided a proper muzzle for it and paid all the expenses of its detention or may, subject to the provisions of sub-sections (3) and (4), cause it to be sold or destroyed. (3) When a dog which has been detained under sub-section (2) is wearing a collar with the owner's name and address thereon, or a number ticket or any other mark by which the owner of the dog can be identified, such dog shall not be destroyed until a letter stating the fact that it has been so detained has been sent to the said address and the dog has remained unclaimed for three clear days. (4) Any dog which is not claimed within the period specified in sub-section (3), or any dog the owner of which has failed to comply with the provision of sub-section (2) within the specified period therein, may be sold or destroyed by the Chief Officer after having been detained for the period of three days specified in sub-section (3): Provided that any dog which is found to be rabid may be destroyed at any time. (5) The Chief Officer may at any time destroy, or cause to be destroyed, or confine or cause to be confined, for such period as he may consider necessary, or cause to be treated by any other efficacious and medically well established method of treatment, any dog or other animal suffering from rabies or reasonably suspected to be suffering from rabies or bitten by any dog or other animal suffering or suspected as aforesaid. (6) All expenses incurred by the Chief Officer under this section may be recovered from the owner of any dog which has been taken possession of or detained in the same manner as an amount due on account of a property tax. (7) No damages shall be payable in respect of any dog destroyed or otherwise disposed of under this section.

(1) If it shall appear to any Council at any time that nuisance or annoyance is caused to the public by keeping of pigs within the municipal area or any part thereof, the Council may direct by public notice that no person shall, without the written permission of the Chief Officer, or otherwise than in conformity with the terms of such permission, keep any pigs in the municipal area or any specified part thereof. (2) Whoever after such direction keeps any pigs in any place within the municipal area or specified part thereof without the permission required as aforesaid, or otherwise than in accordance with the terms thereof, shall, on conviction, be punished with fine which may extend to three hundred rupees. (3) Any pigs found straying may be forthwith destroyed and carcass thereof disposed of as the Chief Officer shall direct. No claim shall lie for compensation for any pigs so destroyed.

Feeding animals on filth prohibited. (1) No person shall feed or cause or permit to be fed any animal which is kept for dairy purposes or is intended for human food, on excrementitious matter, stable refuse, filth or other offensive matter. (2) Whoever contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to Five thousand rupees.