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1The Cattle-trespass Act, 1871

( ACT NO. I OF 1871 )

Chapter IV

DELIVERY OR SALE OF CATTLE

Procedure when owner claims the cattle and pays fines and charges
13. 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.
Procedure if cattle be not claimed within a week
14. If the cattle be not claimed within seven days from the date of their being impounded, the pound-keeper shall report to the fact to the officer in change 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 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 disposed of in such manner as he thinks fit.
Delivery to owner disputing legality of seizure but making deposit
15. 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.
Procedure when owner refuses or omits to pay the fines and expenses
16. 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, and 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 of 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.
Receipt
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.
Disposal of fines, expenses and surplus proceeds of sale
17. 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, be deemed to hold them as part of the revenues of the 2[Government].
[Repealed]
18. [Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]
Officers and pound-keepers not to purchase cattle at sales under Act
19. No officer of police or other officer or pound-keeper appointed under the provisions herein contained shall, directly or indirectly, purchase any cattle as a sale under this Act.
Pound-keepers when not to release impounded cattle
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.
 
 

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Ministry of Law, Justice and Parliamentary Affairs