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[Cites 0, Cited by 3] [Entire Act]

Union of India - Section

Section 31 in The Cattle-Trespass Act, 1871

31. Power for State Government to transfer certain functions to local authority.

- The [State Government] [Substituted by A.O.1950, for "Provincial Government".] may, from time to time by notification in the Official Gazette,
(a)transfer to any local authority within any part of the territories under its administration in which this Act is in operation, all or any of the functions of the [State Government] [Substituted by A.O.1950, for "Provincial Government".] or the Magistrate of the District under this Act, within the local area subject to the jurisdiction of the local authority.
[* * *] [Cl.(b) repealed partially by Act 10 of 1914 and partially by A.O.1937.]
[Madhya Pradesh]. - In its application to the State of Madhya Pradesh, in Section 31, add the following proviso to clause (a):Provided that if in any area any of the functions of the State Government or the Magistrate of the District under this Act were, immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958, being performed by a local authority, then on such commencement all such functions shall be deemed to have been transferred to such local authority under this section.Madhya Pradesh Act 23 of 1958, Section 3 and Sch.[Tamil Nadu].- In its application to the State of Tamil Nadu, in Section 31, for the words Magistrate of District, substitute District Collector.Madras Act 20 of 1957, Section 2 (w.e.f. 11-12-1957).
Section 32
[Andhra Pradesh].- In its application to the State of Andhra Pradesh, after Section 31, add the following section, namely:32. Power to make rules .- (1) The State Government may, by notification published in the Andhra Pradesh Gazette, make rules to carry out the purpose of this Act.(2) All rules made under this section shall, as soon as may be, after they are made, be placed on the table of the Legislative Assembly and shall be subject to such modifications, whether by way of repeal or amendment as the Legislative Assembly may make within fourteen days thereafter during the session in which they are so placed.Andhra Pradesh Act 1 of 1959, Section 6 (w.e.f. 15-10-1962).[Gujarat].- Same as that of Maharashtra.Bombay Act 13 of 1959, read with Gujarat Adaptation of Laws (8th Amendment) Order, 1961.[Maharashtra].- In its application to the State of Maharashtra, after Section 31, insert the following new section, namely:32. Power to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules for carrying into effect the purpose of this Act.(2) In particular but without prejudice to the generality of the foregoing provision, such rules may provide for the following matters, namely,(i) the form of, and the procedure relating to the declaration, and the scales of deposits to be made, under section 12-A;(ii) the procedure regulating the making of security deposits, custody and refund thereof;(iii) the manner in which any cattle may be disposed of;(iv) any other matter which is to be or may be prescribed.(3) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.(4) All rules made under this section shall be laid before each House of the Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following.Bombay Act 13 of 1959, Section 11 (w.e.f. 19-3-1959) and Maharashtra Adaptation of Laws Order, 1961.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, after Section 31, insert the following section, namely:32. Power to make rules.- The State Government may make rules,(a) prescribing the form of, and the procedure relating to the making of, the declaration and the scales of deposit to be made under section 12-A;(b) prescribing the procedure regulating the making of security deposit, custody and refundthereof;(c) the manner in which any cattle may be disposed of.C.P. and Berar Act 27 of 1949, Section 10 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.[Tamil Nadu].- Same as that of Andhra Pradesh.SeeMadras (A.T.) A.L.O., 1961 (w.e.f. 1-4-1961).[West Bengal].- In its application to the State of West Bengal, for Section 32, as inserted by West Bengal Act 5 of 1934, substitute the following section, namely:32. Power for Magistrate of the District to appoint Chairman of Municipalities or President of Union Boards to discharge the functions of an officer under section 14.- (1) The Magistrate of the District may appoint for the purposes of this Act, a Chairman of a Municipality constituted under the Bengal Municipal Act, 1932, or a President of a Union Board constituted under the Bengal Village Self-Government Act, 1919, to discharge the functions of an officer appointed under section 14, in respect of cattle impounded within the area included within that municipality or within the area subject to the jurisdiction of that Union Board as the case may be:Provided that a Chairman or President so appointed may, by general or special order, delegate to the Vice-Chairman of such municipality or the Vice-President of such Union Board, as the case may be, all, or any of the functions of an officer appointed under section 14 which such Chairman or President is entitled to discharge and may at any time withdraw the same.(2) A Chairman or President so appointed, or a Vice-Chairman or Vice-President to whom the Chairman or the President, as the case may be, may have delegated all or any of the functions referred to in sub-section (1), shall not, directly or indirectly, purchase any cattle at a sale under this Act. Bengal Act 4 of 1947, Section 3 (w.e.f. 12-3-1947).
Section 33
[West Bengal].- In its application to the State of West Bengal, after Section 32, insert the following section, namely:33. Delegation of certain powers of the Magistrate of the District.- The Magistrate of the District may, by an order in writing, delegate the powers specified below to any Magistrate subordinate to him(1) the determination of the manner of disposal of unclaimed impounded cattle under the proviso to section 14; and(2) the settlement of claims in respect of surplus unclaimed proceeds of the sale of cattle held in deposit under section 17.Bengal Act 4 of 1947, Section 3 (w.e.f. 12-6-1947).