Seizure of stray animals or birds and animals and birds kept without licence

(1) (a) The Licensing Officer, or Inspector, may seize- (i) any notified animal or bird found straying or chained in any public place in an urban area or in a prohibited area; (ii) any notified animal or bird found to be kept without a valid licence or in violation of the terms and conditions of a licence in an urban area; or (iii) any notified animal or bird found to be kept in a prohibited area; and confine such animal or bird in any pound maintained by the local authority concerned. (b) Any Police Officer not below the rank of a Sub-Inspector may seize any notified animal or bird found straying in an urban area and confine such animal or bird in any pound maintained by the local authority concerned. (2) If any notified animal or bird for which licence has been obtained by an owner and found straying in an urban area is seized under sub-section (1), the owner may redeem the animal or bird within a period of forty-eight hours after its seizure on paying to the local authority, such fine and such feeding and maintenance charges as may be prescribed. (3) If any notified animal or bird, in respect of which no licence has been obtained, found straying or found to be kept in an urban area is seized under sub-section (1), the owner may, within a period of forty-eight hours of such seizure, apply for and obtain a valid licence in respect of such animal or bird and redeem it after paying to the local authority, such fine and such feeding and maintenance charges as may be prescribed: Provided that the fine to be prescribed under this sub-section (1) or sub-section (2) shall not exceed one-fourth of the cost of the animal or bird seized. (4) Subject to the provisions of sub-sections (2) and (3), any notified animal or bird which is seized under sub-section (1) shall be publicly sold and the proceeds of such sale shall be credited to the fund of the local authority concerned: Provided that in the case of an animal or bird referred to in sub-section (2) or sub-section (3) the proceeds of such sale shall be paid to the owner of the animal or bird, after deducting the fine and the feeding and maintenance charges referred to in sub-section (2) or in sub-section (3), as the case may be, and if the owner of such animal or bird fails to claim such proceeds within a period of three months after such sale, the entire amount shall be credited to the fund of the local authority concerned.