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Union of India - Section
Section 1927 in The Cattle-Trespass Act, 1871
1927.
); under which the State Government may fix a different scale of fines for cattle impounded under Section 70 of that Act.]]- For every head of cattle impounded as aforesaid, the pound-keepers shall levy a fine in accordance with the scale for the time being prescribed by the[State Government] in this behalf by notification in the Official Gazette. Different scales may be prescribed for different local areas.All fines so levied shall be sent to the Magistrate of the District through such officer as the [State Government] [Substituted by A.O.1950, for "Provincial Government".] may direct.List of fines and charges for feeding. - A list of the fines and of the rates of charge for feeding and watering cattle shall be posted in a conspicuous place on or near to every pound.]| [Gujarat].- Same as that of Maharashtra. Bombay Act 34 of 1950, read with Gujarat Adaptation of Laws (8th Amendment) Order, 1961.[Maharashtra].- In its application to the State of Maharashtra, in Section 12(a) the words head of shall be deleted;(b) for the words Different scales may be prescribed for different local areas substitute the following, namely:Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by the same persons according to the number of cattle impounded at a time and the number of times such cattle are impound and different scales may be prescribed for different local areas. Bombay Act 34 of 1950, Section 2.[Orissa].- In its application to the State of Orissa, in Section 12,(a) for the words the pound-keepers shall levy a fine, substitute the Local Authority exercising jurisdiction within the area in which the pound is situated shall impose a fine;(b) the second paragraph beginning with the words All fines so levied and ending with the words may direct shall be omitted.Orissa Acts 15 of 1948, Section 2 and Sch. I; 22 of 1950, Section 2 and Sch. II and 23 of 1950, Section 2 and Sch. II.[Tamil Nadu].- In its application to the State of Tamil Nadu, in Section 12, for the words Magistrate of the District, substitute District Collector.Madras Act 20 of 1957, Section 2 (w.e.f. 11-12-1957) and Madras Act 23 of 1960, Section 3 and Sch. I. |
| [Gujarat].- Same as that of Maharashtra. See Act 11 of 1960, Section 87 and Gujarat Adaptation of Laws Order, 1960.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, after Section 12, insert the following section, namely:12-A. Security in respect of impoundedcattle.In any local area to which the State Government may by notification, apply this section, every pound-keeper shall, before releasing any cattle, require the owner or his agent to make, in the form to be prescribed by the State Government, a declaration regarding the ownership of such cattle and to deposit, by way of security such sum as the State Government may, by rule, prescribe. Different scales may be prescribed for different areas or different classes of cattle.If the cattle of such owner are impounded, within six months from the date of deposit, and if the seizure is not adjudged illegal, the amount of deposit or part thereof in accordance with the rules made by the State Government in this behalf shall stand forfeited to Government.If the cattle of such owner are not impounded as aforesaid the amount of security shall, on application by or on behalf of the depositor, be refunded to him on the expiry of such period.A fresh security shall be required to be deposited on every occasion on which the release of cattle impounded under the Act is applied for.C.P. and Berar Act 27 of 1949, Section 2 (w.e.f. 6-5-1949) and Act 37 of 1956, Section 119 and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.[Maharashtra].- In its application to the State of Maharashtra, after Section 12, insert the following new section, namely:12-A. Security in respect of impounded cattle.- (1) In any local area to which the State Government may by notification, in the Official Gazette, apply this section every pound-keeper shall, before releasing any impounded cattle, require the power of the impounded cattle, or his agent to make, in the form to be prescribed by the State Government, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the State Government may, by rules, prescribe. Different scales may be prescribed for different areas or different classes of cattle.(2) If any cattle belonging to such owner are impounded within a period of six months from the date on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a part thereof, as may be directed by the State Government by rules in this behalf shall stand forfeited to the State Government. If cattle are not impounded as aforesaid, the amount of security deposit shall, on an application made by or on behalf of the depositor, be refunded to him on the expiry of that period.(3) On every occasion on which the release of the cattle impounded under this Act is claimed, the owner of the cattle shall deposit a fresh security.Bombay Act 13 of 1959, Section 5 (w.e.f. 19-3-1959). |
| [Gujarat].- Same as that of Maharashtra.See Act 11 of 1960, Section 87 and Gujarat Adaptation of Laws Order, 1960.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, after Section 12-A, insert the following section, namely:12-B. Special provisions regarding cattle habitually allowed to go astray.- (1) If, on a report received from the Magistrate of the District or a local authority, it appears to the State Government that severe damage is being caused to crop, produce or other property in the local area under the jurisdiction of such Magistrate of the District or Local authority by reason of the cattle being allowed to go astray, the State Government may, by notification, apply the provisions of this section to such local area generally or in respect of such cattle or class of cattle as may be specified therein.(2) Every owner or keeper of cattle in respect of which the provisions of sub-section (1) have been made applicable, shall keep his cattle in confinement or in detention during the period between one hour after sun set and one hour after sun rise.(3) It shall be lawful for any person to seize any such cattle found astray in such local area and to send it immediately to the nearest pound. All officers of police, shall, when required, aid in preventing resistance to such seizure and rescue from person making such seizure.(4) Whoever contravenes the provisions of sub-section (2) on conviction for the first offence, be punished with fine which may extend to one hundred rupees and in case of a second or subsequent offence with fine which may extend to five hundred rupees or with imprisonment which may extend to six months or with both.(5) Any fine imposed under this section shall, without prejudice to any other mode of recovery provided by law, be realised by the sale of all or any of the cattle in respect of which the offence has been committed.Explanation.For the purposes of this section(i) to keep in confinement shall mean to keep the cattle effectively confined within any fencing, wall or compound; and(ii) to keep in detention shall mean to keep the cattle effectively detained by any rope or other sufficiently strong tie. Madhya Pradesh Act 11 of 1960, Section 3 (w.e.f. 31-3-1960).][Maharashtra].- In its application to the State of Maharashtra, after Section 12-A, insert the following section, namely:12-B. Removal of cattle to specified places.- (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(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 heads 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 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). [Bombay Act 13 of 1959, Section 5 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.] |