THE CATTLE-TRESPASS ACT, 1871
[Act, No. 1 of 1871]
[AS ON 1955]
[13th January, 1871]
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 India1[except the territories which immidiately before the 1st November, 1956 were comprised in Part BStates], 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[Sub- section (3) of Section 1 repealed by Act 10 of 1914, Section 3 and Schedule II.]
|1. Substituted for "Part BStates" by 2 A.L.O., 1956.|
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 Repealed
[Repeal of Acts Reference to repealed Acts.] Repealed by the Repealing Act, 1938 (1 of 1938).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.]
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.
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.
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)]
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.]