In any local area which is declared to be a village, the provisions of the Cattle

Treaspass Act, 1871 or any law corresponding to that Act in force in any part of the State shall cease to apply in relation to such local area:

Provided that-

1. (a) nothing in this section shall affect the liability of any person to any penalty under any law so ceasing to be in force;
2. (b) any appointment, notification, order, rule made or issued under any such law in respect of any cattle pounds within the limits of such village 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with the provisions of this Act, be deemed to have been made or issued under this Act and continue in force until superseded by any notification, order or rule made under this Act;
3. (c) any cattle pound in the local area established under any law so ceasing to be in force shall be deemed to be vested in the village panchayat within whose limits it is situate and shall be maintained and managed by the panchayat in accordance with the provisions of this Act.

182. (1) Notwithstanding anything contained in any law for the time being in force,

every village panchayat, 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 to be keepers of such pounds such persons as may be approved by the Taluka Development Officer. The duties of pound keepers shall be such as may be prescribed.

1. (2) Every pound keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the panchayat by which he is appointed. 183. (1) Whoever, within the limits of a village, 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: Provided that in absence of adequate and special reasons to the contrary to be mentioned in the judgment of the Court,-
   • (i) for a first offence, such fine shall not be less than one hundred rupees, and
   • (ii) for a second or subsequent offence, such fine shall not be less than two hundred and fifty rupees.
2. (2) The Magistrate trying the offence under sub-section (1), may order,—
   • (a) that the accused shall pay such compensation not exceeding two hundred 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. (3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section.
4. (4) An offence under this section shall be cognizable.
5. (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 that he exercised all due diligence to prevent the commission of such offence. Cattle Trespass Act to cease to apply. Power to establish cattle pounds and appoint pound keepers. Penalty for allowing cattle to stray in street or to trespass upon private or public property. I of 1871.

by the panchayat, 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 village.

1. (2) Whoever forcibly opposes the seizure of cattle liable to be seized under this Act, and whoever removes 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 not exceeding six months or with fine not exceeding five hundred rupees or with both. 185. (1) If the owner of cattle which are impounded under section 184 or his agent appears and claims the 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 187 and on depositing the amount of security, if any, prescribed under section 189.
2. (2) If the owner or his agent appears but refuses to pay the fees and expenses as required under sub-section (1) on the ground that the seizure was illegal and that the owner is about to make a complaint under section 188, then upon the deposit of the fees and expenses incurred in respect of the cattle, the cattle shall be delivered to him.
3. (3) If on any complaint referred to in sub-section (2), the seizure is declared to be lawful or if the owner or his agent fails to make such complaint within a period of four weeks from the date of delivery of the cattle to him and the provisions of section 189 are applicable, the pound-keeper shall require the owner or his agent to make a declaration and to deposit the amount of security as required by that section. If the owner or his agent fails to make such declaration or to deposit such amount, the cattle delivered to him under sub- section (2) shall be seized again for the purposes of sub-section (4).
4. (4) If the owner or his agent appears and refuses or omits to pay the pound-fees and expenses under sub-section (1) or to deposit the pound-fees and expenses under sub- section (2) or to deposit the amount of security and to make a declaration as required by sub-section (3), the cattel 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 186. The amount of pound-fees leviable and the expenses of feeding and watering together with the expenses of sale, if any, and the amount of security, if any, as prescribed under section 189 shall be deducted from the proceeds of the scale. 186. (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 187 such cattle shall be forthwith sold by auction in the prescribed manner 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 offices as the panchayat authorises in this behalf that he was the owner of such cattle and shall in any other case, from part of the village fund.
5. (2) No Police Officer, or officer, member or servant of the panchayat including the pound-keeper shall directly or indirectly, purchase any cattle at a sale under sub-section (1).

187. (1) The pound-fees 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.

1. (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 panchayat with previous approval of the District Panchayat. Impounding cattle. Dilivery of cattle claimed and consequences of failure to pay pound fees and expenses, etc. Sale of cattle not claimed. Pound fees and expenses chargeable to be fixed.

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.

1. (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 reasons to believe the complaint to be well founded, he shall summon the person complained against, and make an inquiry into the case.
2. (3) If the seizure of 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.
3. (4) The compensation, fees and expenses mentioned in this section may be recovered as if they were fines imposed by the Magistrate.

189. (1) In any village 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 prescribed form 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 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 villages.

1. (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 adjuged 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.

190. (1) If in any local area to which the State Government may, by notification in the

Official Gazette, apply this section, a Mamlatdar or Mahalkari is satisfied—

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

1. (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
2. (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 this cattle to such place or places within the State and within such period as may be specified in the order. Complaints of illegal seizure or detention. Security in respect of impounded cattle. Removal of cattle to specified places.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 73

1. (2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the Mamlatdar or Mahalkari, as the case may be, may direct a Police Officer not below the rank of Head-Constable to remove or cause to be removed such cattle to the place or places specified in the order.
2. (3) If the Mamlatdar 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 five 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).