In this Act.-- "office of
police" includes also village-watchmen, and "cattle" includes
also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts,
fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats, and kids, [1]
[and "local authority"
means any body of persons for the time being invested by law with the control
and administration of any matters within a specified local area, and "local fund"
means any fund under the control or management of a local authority.] [STATE AMENDMENTS [2] [Himachal
Pradesh.- Same as that of
Punjab.Himachal Pradesh Act 7 of 1974, Section 2 (w.e.f. 16-2-1974)]. The cultivator or occupier
of any land, or any person who has
advanced cash for the cultivation of the crop or produce on any land, or the vendee or mortgagee
of such crop or produce or any part thereof, may seize or cause to be seized any cattle trespassing on such
land, and doing damage thereto or to any crop or produce thereon, and [3]
[send them or cause them to be sent within twenty-four hours] to the
pound established for the village in which the land is situate. Police to aid seizures.-
All officers of police shall, when required, aid in preventing (a) resistance
to such seizures and (b) rescues from persons making such seizures. [STATE AMENDMENTS Himachal Pradesh.- [4] [In its
application to the State of Himachal Pradesh, in Section 10, after the words or
any part thereof, insert or any person authorised in this behalf, either by
name or by virtue of office, by Government,.Himachal Pradesh Act 7 of 1974,
Section 3 (w.e.f. 16-2-1974).] 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 appoint 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 condition as the
Magistrate of the District by general or special order from time to time
directs: 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 disputed of in such manner
as he thinks fit. [5] [Provided
further that the Magistrate of the District may sell asses and infirm cattle,
at any time, after the expiry of seven days from the date of their being
impounded, without the issue of a notice and proclamation.] [STATE AMENDMENTS [Himachal Pradesh [6] [In
Section 14 The word "seven"
where it occurs for the first time, the word "three" and where it
occurs for the second time, the word "four" shall be substituted.] [7] [After
Section 14 The following section shall
be inserted, 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 impounded, 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.-- the purpose
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.] [1] Inserted by Act 1 of 1891, Section 2. [2]
Inserted
by Cattle Trespass (Himachal Pradesh Amendment) Act, 1973. [3] Substitute
by Act 1 of 1891, Section 3, for "take them or cause them to be taken
without unnecessary delay". [4]
Inserted
by Cattle Trespass (Himachal Pradesh Amendment) Act, 1973 [5] Added by
Cattle Trespass (Central Provinces And Berar Amendment) Act 1937. [6] Substituted
by Cattle Trespass (Himachal Pradesh Amendment) Act, 1973. [7] Inserted
by Cattle Trespass (Himachal Pradesh Amendment) Act, 1973.CATTLETRESPASS
ACT, 1871 (HIMACHAL PRADESH AMENDMENT)