section 12B
Removal of cattle to specified places.
The Cattle-Trespass (Bombay Amendment) Act, 1931General19598 sections
Statutory text
- (1) If in any local area to which the State Government may, by notification in the Official Gazette, apply this section, a Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari is satisfied—
- (i) that the grazing land set apart for the use of cattle of one or more villages in the taluka, tahsil or mahal under his jurisdiction is insufficient for the cattle belonging to the permanent residents of such village or villages; or
- (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—
- (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
- (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 his cattle to such place or places within the State and within such period as may be specified in the order.
- (2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari, as the case may be, may direct a police officer not below the rank of a head constable to remove or cause to be removed such cattle to the place or places specified in the order.
- (3) If the Mamlatdar, Tahsildar, Naib-Tahsildar 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 one 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)." 6. Amendment of section 13 of Act I of In the principal Act, to the first paragraph of section 13, the following shall be added, namely:— "and on depositing the amount of security prescribed under section 12A." 7. Amendment of section 15 of Act I of In the principal Act, section 15 shall be renumbered as sub-section
- (1) of that section, and after sub-section
- (1) as so renumbered, the following new sub-section shall be inserted, namely:— "(2) If on any complaint referred to in sub-section
- (1) 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, the pound-keeper shall require such owner or agent to make a declaration and to deposit the amount of security as required by section 12A. If the owner or his agent fails to make such declaration or to deposit such amount, the cattle delivered to him under sub-section
- (1) shall be seized again for the purposes of section 16." 8. Amendment of section 16 of Act I of In section 16 of the principal Act, for the first and second paragraphs the following new paragraphs shall be substituted, namely:— "If the owner or his agent appears and refuses or omits to pay the said fines and expenses and to deposit the said amount of security or (in the case mentioned in section 15) to deposit the said fines, expenses and amount of security or to make a declaration as required by section 12A, the cattle 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 14, or disposed of in accordance with the provisions therein. The fines leviable and the expenses of feeding and watering together with the expenses of sale, if any, and the amount of security prescribed under section 12A shall be deducted from the proceeds of the sale." 9. Amendment of section 17 of Act I of In section 17 of the principal Act, after the second paragraph, the following new paragraph shall be inserted, namely :— "The amount of security required under section 12A shall be deposited with the pound-keeper." 10. Substitution of new section 29 for existing section 29 of Act I of In the principal Act, for the existing section 29, the following new section shall be substituted, namely :—
Study data processing for this section.
PDF: pending for this language.