Penalty for allowing cattle to stray in street or to trespass upon private or public property

(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.]