Chapter XV-A POUNDS AND PREVENTION OF CATTLE TRESPASS

These words and figures were substituted for the words and figures “Code of Criminal Procedure, 1882” by Mah. 21 of 1989, s. 50(a). The words “Provincial Government” were substituted for the words “Government in Council” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words and figures were substituted for the words and figures “Code of Criminal Procedure,” by Mah. 21 of 1989, s. 50(b). Chapter XV-A was inserted by Mah. 18 of 1974, s. 3.

1888 : III] The Mumbai Municipal Corporation Act 333

1[Brihan Mumbai].— On the date of commencement of the Bombay Municipal Corporation and Bombay Police (Amendment)

Act, 1974 (Mah. XVIII of 1974), the provisions of sections 90 to 94 (both inclusive) of the Bombay

Police Act, 1951 (Bom. XXII of 1951) (hereinafter in this section referred to as “the said Act”), shall cease to apply to

2[Brihan Mumbai]: Provided that—

1. (a) nothing in this section shall affect the liability of any person to any penalty or punishment,

or the liability of any person for the payment of pound fees or expenses incurred under the said

Act;

1. (b) any appointment, notification or order made or issued in respect of any cattle pound or the pound fees and expenses to be charged 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provisions of this Act, be deemed to have been made or issued under this Act, and continue in force until duly altered, repealed or amended under this Act;
2. (c) any cattle pound established under the said Act shall vest in the corporation, subject to such conditions as the State Government may think fit to impose, and shall be maintained and managed by the Corporation in accordance with the provisions of this Act.

1. (1) The Commissioner may, from time to time, appoint such places as he thinks fit to be public pounds, and may appoint suitable persons to be keepers of such pounds.
2. (2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the Commissioner.

It shall be the duty of every Police Officer, and of any municipal officer authorised by the Commissioner in this behalf, and it shall be lawful for any other person, to seize and take to any public pound for confinement therein any cattle found staying in any street or trespassing upon any private or public property.

Subject to the provisions of section 441G, if the owner of the cattle, impounded under the last preceding section 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 441F.

1. (1) If within ten days after an animal has been impounded, no person appearing to be the owner thereof to pay the pound fees and expenses chargeable under the next succeeding section, such animal shall be forthwith sold by auction, and the surplus remaining after deducting the fees 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 Commissioner authorises in this behalf that he was the owner of such animal, and shall, in any other case, form part of the municipal fund.
2. (2) No Police Officer or pound-keeper or other municipal officer shall, directly or indirectly, purchase any cattle at a sale under sub-section (1).

1. (1) The pound fee chargeable shall be such as the Corporation may, from time to time, prescribe for each kind of animal.
2. (2) The expenses chargeable shall be at such rates for each day during any part of which an animal is impounded, as shall, from time to time, be fixed by the Commissioner in respect of such animal.

(1) Whoever in any part of

3[Brihan Mumbai] 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—

These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

334 The Mumbai Municipal Corporation Act [1888 : III

1. (a) 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: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the imprisonment shall not be less than fifteen days and fine shall not be less than one hundred and fifty rupees, and
2. (b) for the second or subsequent offences, 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 the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the imprisonment shall not be less than three months and fine shall not be less than two hundred and fifty rupees.

1. (2) The Magistrate trying an offence under sub-section (1)—
   • (a) may also, order 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 any produce of land by the cattle under the control of the accused trespassing on his land;
   • (b) shall also, order that the cattle in respect of which the offence has been committed shall be branded with such distinguishing mark and in such manner, as may be prescribed by the Commissioner;
   • (c) shall also, order that the cattle in respect of which the offence has been committed, if already branded with a distinguishing mark as provided above (whether the owner thereof is the same person or not) shall be forfeited to the State Government.
2. (3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed by the Magistrate under this section.
3. (4) An offence under this section shall be cognizable.]