Destruction of stray dogs. 31

44. (1) The Commissioner and the District Superintendent in areas under their respective charges, may from time to time, by public notice, proclaim that any stray dogs found, during such period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly. (2) The authority empowered under sub-section (J) may be public notice require that every dog, within any street or public place and not led by some person, shall be muzzled in such a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking and the Police may, so long as such notice remains if force, destroy or take possession of and detain any dog found loose without muzzle in any street or place beyond the premises of the owner thereof: 1. The \Vords "Chief Presidency Magistrate" \Vere deleted by the Gujarat Adaptation of La\vs (State and Concurrent Subjects) Order, 1960. Destruction of stray dogs. Destruction of sufferring or unfit animals. Provided that any dog so found, wearing a coller on which an apparently genuine name and address of an owner is inscribed, shall not, unless it is rebid be forthwith destroyed, butinformation of the detention thereof shall forthwith be sent by post or otherwise to such owner. (3) Any dog which has been detained under sub-section (2) for a period of three clear days without the owner providing a muzzle and paying all expenses connected with such detention may be destroyed or sold with the sanction and under the orders of the competent authority. (4) The proceeds of the sale of any dog under sub-section (3) shall be applied as far as may be, in discharge of the expenses incrurred in connection with its detention, and the balance, if any shall form part of the consolidated fund of the State. (5) Any expenses incurred in connection with the destruction or detention of any dog under this section shall subtect to the provision of sub-section (4), be recoverable from the owner thereof upon a warrant issued by the competent authority as if it were a warrant under section 386 of the Code of Criminal Procedure, 1898. V of 1898.