CATTLE TRESPASS ACT,1871

Preamble - CATTLE-TRESPASS Act, 1871

 

 THE CATTLE-TRESPASS ACT, 1871

[Act, No. 1 of 1871]

[AS ON 1955]

[13th January, 1871]

PREAMBLE

An Act to consolidate and amend the law relating to Trespasses by Cattle.

WHEREAS it is expedient to consopolidate and amend the law relating to trespasses by cattle; It is hereby enacted as follows:-(Preamble.)

Section 1 - Title and extent

(1)     This Act may be called the Cattle- trespass Act, 1871; and

(2)     It extends to the whole of India[1] [except the territories which immediately before the 1st November, 1956 were comprised in Part B States], and the presidency- towns and such local areas as the State Government, by notification in the Official Gazette, may from time to time exclude from its operation. ]

[Sub- section (3) of Section 1 repealed by Act 10 of 1914, Section 3 and Schedule II.]

Section 2 - Repealed

[Repeal of Acts Reference to repealed Acts.] Repealed by the Repealing Act, 1938 (1 of 1938).

Section 3 - Interpretation clause

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, [Ins. by Act 1 of 1891, Section 2.] [and

[Cf. definition in Section 3 (28) of the General Clauses Act, 1897 (10 of 1897), which applies to all Acts passed after the 14th January, 1887.] "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

[Chhattisgarh

[2] [In Section 3

The word "cattle" the words "does not include such bulls as are let loose for stud purposes and are specified by a notification in the Official Gazette in this behalf but" shall be inserted.]

[Punjab

[3] [In Section 3

The word " cattle ", the words " does not include such bulls as are let loose for stud purposes and are specified by a notification in the official Gazette in this behalf but" shall be inserted.]

Section 4 - POUNDS AND POUND-KEEPERS

Pounds shall be established at such places as the Magistrate of the District, subject to the general control of the State Government from time to time directs.

The village by which every pound is to be used shall be determined by the Magistrate of the District.

[STATE AMENDMENTS

[Tamil Nadu

[4] [In Section 4

For the words "Magistrate of the District" wherever they occur, the words "District Collector" shall be substituted.]

1. Substituted by Cattle-Trespass (Madras Amendment) Act, 1957 (Act 20 of 1957).

Section 5 - Control of pounds, Rates of charge for feeding impounded catte

The pounds shall be under the control of the Magistrate of the District; and he shall fix, and may from time to time alter, the rates of charge for feeding and watering impounded cattle.

[STATE AMENDMENTS

[Tamil Nadu

[5] [In Section 5

For the words "Magistrate of the District" wherever they occur, the words "District Collector" shall be substituted.]

Section 6 - Appointment of pound keepers

[Substituted by the A.O.1937.] [The State Government shall appoint a pound-keeper for every pound.

Any pound-keeper may hold simultaneously any other office under the Government.(Pound keepers may hold other offices.)

Every pound-keeper shall be deemed to be a public servant within the meaning of the Indian Penal Code.](Pound-keepers to be public servants.)

Section 7 - To keep registers and furnish returns

Every pound-keeper shall keep such registers and furnish such returns as the State Government from time to time directs.

Section 8 - To register seizures

When cattle are brought to a pound, the pound-keeper shall enter in his register,--

(a)      the number and description of the animals,

(b)      the day and hour on and at which they were so brought,

(c)      the name and residence of the seizer, and

(d)      the name and residence of the owner, if known

and shall give the seizer or his agent a copy of the entry.

Section 9 - To take charge of and feed cattle

The pound-keeper shall take charge of, feed and water cattle until they are disposed of as hereinafter directed.

Section 10 - Cattle damaging land

The cultivator or occupier of any land, (Cattle damaging 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 [Substitute by Act 1 of 1891, Section 3, for "take them or cause them to be taken without unnecessary delay".] [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.

All officers of police shall, when required, aid in preventing (a) resistance to such seizures and (b) rescues from persons making such seizures.(Police to aid seizures.)

[As to the application of Section 11 to forest, see the Indian Forest Act, 1927 (17) of 1927), Section 70; to railways, see the Indian Railways Act, 1890 (9 of 1890) Section 125 (4)]

[STATE AMENDMENTS

[Chhattisgarh

[6] [In Section 10

The words "or any part thereof,", the words "or any person authorised in this behalf, either by name or by virtue of office, by Government" shall be inserted.]

[Punjab

[7] [In Section 10

The words " or any part thereof ", the words " or any person authorised in this behalf, either by name or by virtue of office, by Government" shall be inserted.]]]

Section 11 - Cattle damaging public roads, canals and embankments

Persons in charge of public roads, pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers of police, may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals, drainage-works, embankments and the like, or the sides or slopes of such roads, canals, drainage-works or embankments or found straying thereon,

and shall [Substituted by Act 1 of 1891, Section 4, for "take them without unnecessary delay".] [send them or cause them to be sent within twenty-four hours] to the nearest pound.

[Substituted by Act 17 of 1921, Section 2, for the original Section 12 See Section 71 of the Indian Forest Act, 1927 (17 of 1927) under which the State Government may fix a different scale of fines for cattle impounded under Section 70 of that Act.]

Section 12 - Fines for cattle impounded

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 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.]

[STATE AMENDMENTS

[Tamil Nadu

[8] [In Section 12

For the words "Magistrate of the District" wherever they occur, the words "District Collector" shall be substituted.]

Section 13 - Procedure when owner claims the cattle and pays fines and charges

If the Owner of the impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle.

The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by the pound-keeper.

Section 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 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.

[STATE AMENDMENTS

[Himachal Pradesh

[9] [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.]

[10] [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.]

[Punjab

[11] [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.]

[12] [After Section 14

The following section shall be inserted, namely:--

"14A. 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:--For 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."]

[Tamil Nadu

[13] [In Section 14

For the words "Magistrate of the District" wherever they occur, the words "District Collector" shall be substituted.]]]

Section 15 - Delivery to owner disputing legality of seizure but making deposit

If the owner or his agent appear and refuse to pay the said fines and expenses, on the ground that the seizure was illegal and that the owner is about to make a complaint under section 20, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.

Section 16 - Procedure when owner refuses or omits to pay the fines and expenses

If the owner or his agent appear and refuse or omit to pay or (in the case mentioned in section 15) to deposit the said fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such officer at such place and time, subject to such conditions, as are referred to in section 14.

[Deduction of fines and expenses.]

The fines leviable and the expenses of feeding and watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.

[Delivery of unsold cattle and balance or proceeds.]

The remaining cattle and the balance of the purchase-money, if any, shall be delivered to the owner or his agent, together with an account showing--

(a)      the number of cattle seized,

(b)      the time during which they have been impounded,

(c)      the amount of fines and charges incurred,

(d)      the number of cattle sold,

(e)      the proceeds of sale, and

(f)       the manner in which those proceeds have been disposed of.

[Receipts.]

The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the purchase-money (if any) paid to him according to such account.

Section 17 - Disposal of fines, expenses, and surplus proceeds of sales

The officer by whom the sale was made shall send to the Magistrate of the District the fines so deducted.

The charges for feeding and watering deducted under section 16 shall be paid over to the pound-keeper, who shall also retain and appropriate all sums received by him on account of such charges under section 13.

The surplus unclaimed proceeds of the sale of cattle shall be sent to the Magistrate of the District, who shall hold them in deposit for three months, and, if no claim thereto be preferred and established within that period, shall, at its expiry; [Substituted by the A.O.1937, for "dispose of them as hereinafter provided".] [be deemed to hold them as part of the revenues of the State.]

[STATE AMENDMENTS

[Chhattisgarh

[14] [In Section 17

The word "deposit" shall be omitted and shall be substituted with the following words, namely:--

"and, if no claim thereto is preferred within six months from the date of deposit or, if such claim having been preferred within this period is not established, such proceeds shall stand forfeited to the Government."]

[Punjab

[15] [In Section 17

The words after the word " deposit " shall be omitted and shall be substituted by the following words, namely:--

"and, if no claim thereto is preferred within six months from the date of deposit or, if such claim having been preferred within this period is not established, such proceeds shall stand forfeited to the State".]

[Tamil Nadu

[16] [In Section 17

For the words "Magistrate of the District" wherever they occur, the words "District Collector" shall be substituted.]]]

Section 18 - Repealed

  [Application of fines and unclaimed proceeds of sale.] Rep.by the A.O.1937.

Section 19 - Officers and pound-keepers not to purchase cattle at sales under Act

No officer of police or other officer or pound-keeper appointed under the provisions herein contained shall, directly or indirectly, purchase any cattle at a sale under this Act.

No pound-keeper shall release or deliver any impounded cattle otherwise than in accordance with the former part of this Chapter, unless such release or delivery is ordered by a Magistrate or Civil Court.(Pound-keepers when not to release impounded cattle.)

Chapter V - COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION

[Substituted for the original Chapter V by Act 1 of 1891, Section 6.]

Section 20 - Power to make complaints

Any person whose cattle have been seized under this Act, or, having been so seized, have been detained in contravention of this Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate, authorized to receive and try charges without reference by the Magistrate of the District.

Section 21 - Procedure on complaint

The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. It may be either in writing or verbal. If it be verbal, the substance of it shall be taken down in writing of the Magistrate.

If the Magistrate, on examining the complainant or his agent, sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.

Section 22 - Compensation for illegal seizure or detention

If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable compensation, not exceeding one hundred rupees, to be paid by the person who made the seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle,

Release of castle

and, if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fines and expenses leviable under this Act shall be paid by the person who made the seizure or detained the cattle.

[STATE AMENDMENTS

[Tamil Nadu

[17] [After Section 22

The following section shall be inserted, namely:--

"22-A. Appeal against order of compensation.--

(1)     Any person who has been ordered by a Magistrate under section 22 to pay compensation may appeal from the order, as if such person had been convicted on a trial held by such Magistrate.

(2)     When an order for payment of compensation to a complainant is made in a case which is subject to appeal under sub-section (1), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided and, where such order is made in a case which is not so subject to appeal, the compensation shall not be paid before the expiration of one month from the, date of the order."]

Section 23 - Recovery of compensation

The compensation, fines and expenses mentioned in section 22 may be recovered as if they were fines imposed by the Magistrate.] [See Sections 63 to 70 of the Indian Penal Code (45 of 1860), and s .386 of the Code of Criminal Procedure, 1898 (5 of 1898); cf. also, Section 25 of the General Clauses Act, 1897 (10 of 1897).]

Section 24 - Penalty for forcibly opposing the seizure of cattle or rescuing the same

Whoever forcibly opposes the seizure of cattle liable to be seized under this Act,

and whoever rescues the same after seizure, either from a pound, or from any person taking or about to take them to a pound, such person being near at hand and acting under the powers conferred by this Act.

shall, on conviction before a Magistrate, be punished with imprisonment for a period not exceeding six months, or with fine not exceeding five hundred rupees, or with both.

[As to the application of Section 25 in the case of cattle-trespassing on a railway, see the Indian Railways Act, 1890 (9 of 1890), Section 125 (3).]

[STATE AMENDMENTS

[Uttar Pradesh

[18] [After Section 24

The following new section shall be inserted, namely:-

"24-A. Compounding of offences under Section 24.--

The offences punish?able under Section 24 may, with the permission of the Court before which any prosecution for such offence is pending, be compounded--

(a) where the cattle is rescued after seizure from a pound by the local authority owning or maintaining the pound, or if such local authority has nominated any persons in that behalf, by such person; and

(b) in other cases, by the person who was opposed in seizing the cattle or, as the case may be, from whom the cattle was rescued."]

[West Bengal

[19] [In Section 24

The said Act shall be renumbered as sub-section (1) of that section and after that section as so renumbered, the following sub-section shall be added, namely :?

"(2) Offences under this section shall be cognizable and bailable.".]

Section 25 - Recovery of penalty for mischief committed by causing cattle to trespass

Any fine imposed [Ins. by Act 1 of 1891, Section 7.] [under the next following section or] for the offence of mischief by causing cattle to trespass on any land may be recovered by sale of all or any of the cattle by which the trespass was committed, whether they were seized in the act of trespassing or not, and whether they are the property of the person convicted of the offence, or were only in his charge when the trespass was committed.

Section 26 - Penalty for damage caused to land or crops or public roads by pigs

 Any owner or keeper of pigs who, through neglect or otherwise, damage or causes or permits to be damaged any land, or any crop or produce of land, or any public road, by allowing such pigs to trespass thereon, shall, on conviction before a Magistrate, be punished with fine not exceeding ten rupees.

[Ins.by Section 8, ibid.] [The State Government, by notification in the Official Gazette, may from time to time, with respect to any local area specified in the notification, direct that the foregoing portion of this section shall be read as if it had reference to cattle generally, or to cattle of a kind described in the notification, instead of to pigs only, or as if the words "fifty rupees" were substituted for the words "ten rupees," or as if there were both such reference and such substitution.]

[The last paragraph of Section 26 repealed by Act 10 of 1914.]

 [STATE AMENDMENTS

[Assam

[20] [in Section 26

"26. Penalty for damage caused to land or crops or public roads or for injury caused to any person by cattle or for cattle on public roads.-

(1)     Any owner or keeper or attendant of cattle who through neglect or criminal motive or otherwise damages or causes or permits to be damaged any land or any crop or produce of land or any public road or anything or causes injury to any person or persons by allowing such cattle to trespass thereon, or lets loose any cattle to stray on any public road and thereby causes obstruction to traffic shall, on conviction before a judicial magistrate, be punishable with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees and in default of payment of fine, simple imprisonment for a term not exceeding one month for the first offence and for the subsequent offences, fine not less than one thousand rupees but which may extend to two thousand rupees or to simple imprisonment for a term which may extend to three months.

(2)     While convicting such person under sub-section (1), the magistrate may order him to pay the person whose land, or crop or produce of land or anything has been damaged or the person who is injured, such compensation depending upon the value of the loss or expenses so incurred for the medical treatment, as may be considered reasonable and in default of payment, the cattle in respect of which the offence has been committed shall be forfeited and sold on auction in order to compensate the person so aggrieved." ]

[21] [After Section 26

"26A. Cognizance of offence.-No Court shall take cognizance of any offence punishable under section 26 except on a report in writing of the facts constituting such offence made by the person aggrieved by such offence or by person who is a public servant as defined in section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).]

[22] [In Section 26

The following new sub-section shall be added, namely:--

"(2) While convicting such person, the Magistrate may also--

(a)      require him to pay to the person whose land, crop or produce has been damaged such compensation, not exceeding two hundred and fifty rupees, as may be considered reasonable, and

(b)      order that the cattle in respect of which the offence has been committed shall, in addition to any other penalty imposed, be forfeited to the Government.".]

[Punjab

[23] [In Section 26

Section 26 of the said Act shall be re-numbered as sub-section (1) thereof and the following new sub-section shall be added, namely:--

"(2) While convicting such person, the Magistrate may also--

(a) require him to pay to the person whose land, crop or produce has been damaged such compensation, not exceeding two hundred and fifty rupees, as may be considered reasonable, and

(b) order that the cattle in respect of which the offence has been committed shall, in addition to any other penalty Imposed, be forfeited to the State."]

[West Bengal

[24] [In Section 26

The following section shall be substituted, namely :?

"26. Penalty for damage caused to land or crops or public roads by cattle.--

Any owner or keeper of cattle who, through neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land, or any public road, allowing such cattle trespass thereon, shall, on conviction before a Magistrate, be punished with a fine not exceeding two hundred rupees.".]]] 

Section 27 - Penalty on pound-keeper failing to perform duties

Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of section 19, or omitting to provide any impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed upon him by this Act, shall, over and above any other penalty to which he may be liable, be punished, on conviction before a Magistrate, with fine not exceeding fifty rupees.

Such fines may be recovered by deductions from the pound-keeper's salary.

Section 28 - Application of fines recovered under section 25, 26 or 27

All fines recovered under section 25, section 26 or section 27 may be appropriated in whole or in part as compensation for loss or damage proved to the satisfaction of the convicting Magistrate.

Section 29 - Saving of right to sue for compensation

Nothing herein contained prohibits any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent Court.

Section 30 - Set-off

Any compensation paid to such person under this Act by order of the convicting Magistrate shall be set-off and deducted from any sum claimed by or awarded to him as compensation in such suit.

Chapter VIII - SUPPLEMENTAL

[Chapter VIII was added by Act 1 of 1891, Section 9.]

Section 31 - Power for State Government to transfer certain functions to local authority

The State 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 or the Magistrate of the District under this Act, within the local area subject to the jurisdiction of the local authority.

[Cl .(b) was rep. partially by Act 10 of 1914 and partially by the A.O.1937.]

[SCHEDULE]

Rep. by the Repealing Act, 1938 (1 of 1938).

[STATE AMENDMENTS

[Assam

[25] [in Section 31

"32. Power for Magistrate of the District to appoint, Chairman or President of a Municipal or Local Board or a village authority 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 or President, as the case may be, of a Municipal or Local Board or a village authority constituted under the Assam Local Self-Government Act, 1915, or the Assam Rural Self-Government Act, 1926, to discharge the functions of an officer appointed under section 14 of this Act in respect of cattle impounded within the area subject to the jurisdiction of such Board or authority:

Provided that a Chairman or President so appointed may, by general or special order, delegate all or any of his functions under sections 14, 15, 16 and 17 to any member of such Board or authority, or in the case of a Local or Municipal Board also, to an overseer, sub-overseer, surveyor or sub-surveyor, or with the approval of the Magistrate of the District, to any other employee of the Board; and may at any time withdraw the same.

(2)     A Chairman or President so appointed, or a member or employee to whom the Chairman or President may have delegated his functions, shall not, directly or indirectly, purchase any cattle at a sale under this Act."]

[Tamil Nadu

[26] [In Section 31

For the words "Magistrate of the District" wherever they occur, the words "District Collector" shall be substituted.]

Amending Act 1 - CATTLE-TRESPASS (AMENDMENT) ACT, 1921

 

 THE CATTLE-TRESPASS (AMENDMENT) ACT, 1921

[Act, No.17 of 1921]

[AS ON 1955]

       [30th September, 1921]

An Act further to amend the Cattle-trespass ACT, 1871.

WHEREAS it is expedient further to amend the Cattle-trespass Act, 1871; It is hereby enacted as follows:-

1 . Short title and commencement:

(1)     This Act may be called the Cattle-trespass (Amendment) Act, 1921.

(2)     This section shall be come into force at once.

(3)     The rest of the Act shall come into force [This Act has been declared to be in force in--(1) Madras Presidency, form 1st April, 1938, see Fort St.George Gazette, 1928, Pt.I, p.488; (2) Bombay Presidency (excluding the town of Bombay), from 1st May, 1924, See Bombay Govt.Gazette, 1924, Pt.I, p.654; (3) Bengal Presidency (except the town of Calcutta), from 1st April, 1928, see calcutta Gazette, 1928, Pt.I.p.455; (4) Punjab, from 28th April 1922, see Punjab Gazette, 1922, Pt.I, p.401; (5) B.& O., from 1st October, 1923, see B.& O.Gazette 1923, Part II, p.1264; Santhal Parganas under the Santhal Parganas Settlement Regulation (3 of 1872), Section3 (3) (a), see ibid., 1922, Pt.II, p.271; (6) C.P.from 1st May ,see C.P.Gazette, 1922 Pt.III, p.351; (7) Delhi, from 10th December, 1925, see Gazette of India, 1925, Pt.II-A, p.397; (8) Coorg, from 22nd August, 1935, see Coorg Gazette, 1938, Pt.I.p.39; and (9) Andaman and Nicobar Islands, see the Chief Commissioner's Notification No.2 of 1938, dated 20 th January, 1938.]in any [Substituted by the A.O.1950, for "Province".] [Part A State or Part C State] or part thereof on such date as the State Government may, by notification in the Official Gazette appoint.

2. Substitution of new section for section 12, Act, 1 of 1871:

For section 12 of the Cattle-trespass Act, 1871, the following section shall be substituted, namely:--

[See page 10 supra.]

3. Repealed

 [Repeal.] Repealed by the Repealing Act, 1927( 12 of 1927), Section 2 and Schedule