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[Cites 0, Cited by 4] [Entire Act]

Union of India - Section

Section 14 in The Cattle-Trespass Act, 1871

14. Procedure if cattle be not claimed within a week.

- If the cattle be not claimed within seven days from the date of their being impounded, the pound-keeper shall report the fact to the officer in charge of the nearest police station, or to such other officer as the Magistrate of the District appoints in this behalf.Such officer shall thereupon stick up in a conspicuous part of his office a notice stating
(a)the number and description of the cattle,
(b)the place where they were seized,
(c)the place where they are impounded, and shall cause proclamation of the same to be made by beat of drum in the village and at the market-place nearest to the place of seizure.
If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time and subject to such conditions as the Magistrate of the District by general or special order from time to time direct:Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.
[Gujarat].- Same as that of Maharashtra. Bombay Act 5 of 1931 and 11 of 1960, Section 87.[Haryana].- Same as that of Punjab.Punjab Act 18 of 1950 read with Central Act 31 of 1966, Section 88.[Himachal Pradesh].- In its application to the State of Himachal Pradesh, in Section 14, for the word seven occurring for the first time, substitute three and for seven occurring for the second time, substitute the word four Himachal Pradesh Act 7 of 1974, Section 4 (w.e.f. 16-2-1974).[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 14, for the existing provisos, substitute the following provisos, namely:Provided that the Magistrate of the District or an officer authorised by him in this behalf, may notwithstanding anything hereinbefore contained, sell infirm and maimed cattle, pigs and asses at any time after the expiry of five days from the date of their being impounded, without the issue of a notice and proclamation:Provided further that if no person offers to purchase at a reasonable price the cattle sold under this section, the Magistrate of the District or an officer authorised by him in this behalf may, in the manner prescribed under rules made under section 32, dispose of such cattle, including in the case of pigs and assess destruction. C.P. and Berar Act 27 of 1949, Section 4 (w.e.f. 6-5-1949) and Madhya Pradesh Act 23 of 1958, Section 3 and Sch.[Maharashtra].- In its application to the State of Maharashtra, in the proviso to Section 14, for the words Magistrate of the District, substitute officer authorised to sell them by public auction.[Bombay Act 5 of 1931, Section 2 (w.e.f. 23-5-1931). ][Punjab and Chandigarh].- In its application to the State of Punjab and Union Territory of Chandigarh, in Section 14, for the words seven where it occurs for the first time, substitute three and where it occurs for the second time, substitute the word four.[Punjab Act 18 of 1959, Section 2 (w.e.f. 30-4-1959) and Central Act 31 of 1966, Section 88.][Tamil Nadu].- In its application to the State of Tamil Nadu, in Section 14, for the words Magistrate of the District, substitute District Collector.[Madras Act 20 of 1957 (w.e.f. 11-12-1957).]
Section 14-A
[Haryana].- Same as that of Punjab.Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).[Himachal Pradesh].- Same as that of Punjab.Himachal Pradesh Act 7 of 1974, Section 5 (w.e.f. 16-2-1974).[Punjab and Chandigarh].- In its application to the State of Punjab and the Union Territory of Chandigarh, after Section 14, add the following section, namely:14-A. Procedure for speedy disposal of certain unclaimed cattle.- Notwithstanding anything contained in section 14 where any unattached calf, kid or lamb or any decrepit, weak or maimed cattle is impound, the pound-keeper shall report the fact to the officer specified in that section within twenty-four hours of the impounding and such officer shall, within twenty-four hours of such report and if such unattached calf, kid or lamb or cattle has not been claimed within twenty-four hours of its impounding cause them to be disposed of by auction or otherwise after a proclamation of its disposal has been made by beat of drum in the village and at the market-place nearest to the place of seizure and in such other manner as may be prescribed:Provided that if in the opinion of the Magistrate of the District the disposal of any such unattached calf, kid or lamb or cattle is not likely to fetch a fair price, he may send such cattle to any gosadan or pinjrapole.Explanation.For the purposes of this section the expression,(a) gosadan or pinjrapole means a place or an institution where old, decrepit, wounded or otherwise non-productive or useless cattle are kept for the purpose of maintenance and not for any commercial purpose, whether such place or institution is managed by Government or by a private society or person; and(b) unattached calf, kid or lamb means a calf, kid or lamb not attached to its mother.Punjab Act 18 of 1959, Section 3 (w.e.f. 29-4-1959) and Central Act 31 of 1966, Section 88.