Chapter XIII CATTLE POUNDS.

In every municipal borough the provisions of the Cattle-trespass Act, 1871, shall cease to apply with effect on and from the date of the commencement of this Act:

Provided that-

(a) nothing in this section shall affect the liability of any person to any penalty under any law so ceasing to be in force;

(b) any appointment, notification, order or rule made or issued under any such law in respect of any cattle pounds within the limits of such municipal borough 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with the provisions of this Act, be deemed to have been made or issued under this Act and continue in force until superseded by any notification, order or rule made under this Act;

(c) any cattle pound established in the municipal borough under the Act so ceasing to apply shall be deemed to be vested in the municipality of the municipal borough and shall be maintained in accordance with the provisions of this Act.

(1) Notwithstanding anything contained in any law for the time being in force, every municipality 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 such persons to be keepers of such pounds as it may think necessary. The duties of pound keepers shall be such as may be prescribed by the municipality.

(2) Every pound keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the municipality by which he is appointed.

(1) Whoever, within the limits of a municipality, 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 imprisonment for a term which may extend to one month or with fine which may extend to three hundred rupees or with both;

(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 five hundred 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 two hundred and fifty 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 the accused is convicted shall be forfeited to the State 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 cognisable.

(5) Nothing contained in sub-section (1) shall render any person liable to any punishment provided in that sub-section, if in the opinion of the Court, the offence was committed without his knowledge or he exercised all due diligence to prevent the commission of such offence.

Impounding of cattle. (1) It shall be the duty of every Police Officer and a Watch and Ward appointed by the municipality and it shall be lawful for any other person, to seize and take to any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the limits of the municipal borough.

(2) Whoever forcibly opposes the seizure of cattle liable to be seized under this Act, and whoever rescues the same after them to a pound, shall, on conviction, be punished with imprisonment for a term not exceeding six months or with fine not exceeding five hundred rupees, or with both.

Sale of cattle not claimed. (1) If within seven days after any cattle have been impounded, no person appearing to be the owner of such cattle offers to pay the pound-fee and expenses chargeable under section 243 such cattle shall be forthwith sold by auction in the manner provided in the rules and the surplus remaining after deducting the 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 such officer as the municipality authorises in this behalf that he was the owner of such cattle and shall, in any other case, form part of the municipal fund. If the impounded cattle cannot be sold by auction, the municipality may dispose it of by entrusting it to any Panjarapole or such other institution free of charge. In such case the expenses chargeable under section 243 and other incidental expenses shall be borne by the municipality.

(2) No police officer, or officer, member or servant of the municipality including the pound-keeper shall, directly or indirectly, purchase any cattle at a sale under

(1) The pound-fee chargeable shall be such as the State Government may from time to time by notification in the Official Gazette specify 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 shall from time to time be fixed by the municipality.

Complaints of illegal seizure or detention. (1) 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 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 sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry 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 one hundred 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 Act 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) In any municipal borough 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 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 may be prescribed. Progressively increasing scales may be prescribed in the rules made by the State Government in respect of cattle belonging to or kept by the same person according to the number of cattle impounded at a time and the number of times the cattle are impounded and different scales may be prescribed for different municipalities.

(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 made 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.

(1) Municipality may prosecute. (2) Jurisdiction of Magistrate; recovery of compensation and expenses. (1) Subject to the provisions of sub-section (3) the chief officer may, and where the executive committee so requires shall, direct any prosecution for any public nuisance whatever and order proceedings to be taken for the recovery of any penalties and for the punishment of any persons offending against the provisions of this Act or of any rule or bye-law thereunder and shall order the expenses of such prosecutions or other proceedings to be paid out of the municipal fund :

Provided that no prosecution for an offence under this Act or bye-laws framed thereunder shall be instituted except within six months next after the date of the commission of the offence or, if such date is not known or the offence is a continuing one, within six months next after the commission or discovery of such offence.

(2) Any prosecution under this Act or under any rule or bye-law thereunder may, save as therein otherwise provided, be instituted before any Magistrate; and every fine or penalty imposed under or by virtue of this Act or any rule or bye-law thereunder and any compensation, expenses, charges or damages for the recovery of which no special provision is otherwise made in this Act may be recovered on application to any Magistrate by the distress and sale of any moveable property within the limits of his jurisdiction belonging to the person from whom the money is claimable.

(3) The chief officer shall not, except with the previous approval of the executive committee, direct a prosecution or order proceedings to be taken for the punishment of any person offending against the provisions of the following sections or sub-sections, namely:-

Section 72; sub-section (4) of section 149; sub-section (4) of section 150; section 206; and sub-section (4) of section 219.