Section 130 in Rajasthan Panchayati Raj Rules, 1996
130. Disposal of cattle not released within 3 days.
- On receiving a report about the cattle not released with in 3 days, the following action shall be taken after opening a file thereof : -(a)The Panchayat shall give a notice to the effect that any person who may have objection to the auction of the cattle concerned, should prove it and that no objection shall be entertained after expiry of the period as may be specified (which shall not be less than 30 days) in such notice. In the notice the following particulars necessarily be stated: -(i)the number & description of the cattle;(ii)the place where they were seized; and(iii)the place where they are impounded.Note. - Such a notice shall be published in the village nearest to the place of seizure.(b)While publishing the notice, the Panchayat shall simultaneously and conditionally auction such cattle and the auction money realised shall be deposited in suspense account. Following shall be the condition of auction of the cattle: -(i)the buyer of the cattle shall not transfer the ownership of cattle within a period of 30 days in case no objection is filed, and by the final decision of such an objection, if filed, and(ii)he shall also return the cattle to the Panchayat on payment of the auction money and the expenses of feeding of the cattle :Provided that if the Panchayat is unable to effect the sale of the impounded cattle by public auction either for want of bidder or on account of the auction sale not fetching full price of the cattle, the Panchayat may send the cattle to the neighbouring Panchayat or cattle fair in-charge for sale and the latter shall conduct the auction sale proceedings in respect of such cattle and shall remit the sale proceeds to the former after deduction the expenses of sale proceedings.Note. - The auction will be held for three days but no such period of three days shall be necessary if the auction fetches full price of the cattle earlier.(c)If any objection be filed by any person during the period of notice, the Panchayat shall require him to prove his ownership of the cattle. The Panchayat shall order the return of the cattle to the person who filed the objection if he proves them to be his own.Explanation. - During the period of proceedings if the Panchayat is satisfied that the cattle area of the person filing the objection and that no further action is necessary then the Panchayat, with a view that the expenses of feeding and watering may not unnecessarily increase, may, if it thinks proper, deliver the cattle to such person on production of adequate security.(d)In case of delivery of the cattle to the person filing the objection, the fine and expenses of feeding shall be recovered from him. The fine and expenses of the period the cattle remained in the pound shall be deposited in the account of the cattle pound and out of the expenses of feeding, the Panchayat shall pay such feeding charges as it thinks fit up to the day of the conditional auction. The balance, if any, shall be carried to the funds of the Panchayat.(e)In case no objection is received from any person or the cattle could not be proved of the person who filed objection, the Panchayat, while ordering the auction of the cattle, shall deposit the fine and expenses of feeding the cattle into the account of the cattle pound and the balance, if any, of the auction money shall be carried to the funds of the PanchayatProvided that the conditional auction shall be final only after the final decision of the appeal made against the decision of the Panchayat.
