The Kerala Cattle Trespass Act, 1961
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12. Procedure when owner claims the cattle and pays fines and charges
(a) If the owner of the impounded cattle or his agent appears and claims the cattle the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle. (b) The owner or his agent, on taking back the cattle shall sign a receipt for them in the register kept by the pound-keeper.
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13. Procedure if cattle be not claimed within a week
(1) If the cattle be not claimed within seven days from the date of their being impounded, the pound-keeper shall remit the fact to the local authority concerned or to such officer as the Director specifies in this behalf. (2) The local authority or the other officer shall thereupon affix in a conspicuous part of its or his office a notice stating— (a) the number and description of the cattle, (b) the place where they were seized, (c) the place where they are impounded, and shall cause proclamation of the same to be made by heat of drum in the village and in the market place nearest to the place of seizure. (3) If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the local authority or the said officer or any other officer subordinate to him deputed for that purpose, at such place and time and subject to such conditions as the Director, by general or special order, from time to time, directs. Provided that if any such cattle are, in the opinion of the Director, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such other manner as he thinks fit.
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14. Delivery 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, on the ground that the seizure was illegal and that the owner is about to make a complaint under section 19, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.
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15. Procedure when owner refuses or omits to pay the fines and expenses
(1) If the owner or his agent appears and refuses or omits to pay or in the case mentioned in section 14 to deposit the said fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by the local authority or by such officer, as the case may be, at such place and time, and subject to such conditions as are referred to in section 13. (2) The fines leviable and expenses of feeding and watering together with the expenses of sale, if any, shall be deducted from the proceeds of the sale. (3) The remaining cattle, and the balance of the proceeds of sale, if any, shall be delivered to the owner or his agent, together with an account showing— (a) the number of cattle seized, (b) the time during which they have been impounded, (c) the amount of fines and charges incurred, (d) the number of cattle sold, (e) the proceeds of sale, and (f) the manner in which those proceeds have been disposed of. (4) The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the proceeds of sale, if any, paid to him according to such account. (5) If the owner or his agent refuses to receive the remaining cattle and the surplus proceeds of sale delivered to him, the cattle and the proceeds of sale shall be deemed to be unclaimed and disposed of according to the provisions of this Act.
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16. Disposal of fines, expenses and surplus proceeds of sale
(1) The officer by whom the sale was made shall send to the local authority the fines so deducted. (2) The charges for feeding and watering deducted under section 15 shall be paid over to the pound-keeper, who shall also retain and appropriate all sums received by him on account of such charges under section 12. (3) The surplus unclaimed proceeds of the sale of cattle shall be sent to the local authority, who shall hold them in deposit, and if no claim thereto be preferred within three months and established, shall dispose of them as hereinafter provided.
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17. Application of fines and unclaimed proceeds of sale
(1) All sums received on account of fines and the unclaimed proceeds of the sale of cattle shall be credited to the fund of the local authority or, where there is no Municipal Corporation, Municipal Council or Panchayat, in such manner as the Government may, from time to time, direct. (2) The salaries allowed to pound-keepers and the expenses incurred for the construction and maintenance of pounds or for any other purpose connected with the carrying out of the provisions of this Act shall be paid by the local authority.
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18. Officers and pound-keepers not to purchase cattle at sales under this Act
(1) No Police officer, or other officer or pound-keeper appointed under the provisions herein contained and no member of the local authority under whose control the pound is shall, directly or indirectly, purchase any cattle at a sale under this Act. (2) No pound-keeper shall release or deliver any impounded cattle, otherwise than in accordance with the provisions of this Chapter, unless such release or delivery is ordered by the Director or the local authority or the Magistrate acting under Chapter V of this Act or a civil court, in writing stating the reasons for such order.
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