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CATTLE-TRESPASS ACT, 1871

SectionsCONTENTS
 CHAPTER I

preliminary

 Preamble
1. Title and extent.
2. Repeal of Acts. References to repealed Acts.
3. Interpretation-clause.
 CHAPTER II

pounds AND pound-keepers

4. Establishment of pounds.
5. Control of pounds. Rates of charge for feeding impounded cattle.
6. Appointment of pound-keepers. Pound-keepers may hold other offices. Pound-keepers to be ” public servants “.
7. To keep registers and furnish returns.
8. To register seizures.
9. To take charge of and feed cattle.
 CHAPTER III

Impounding cattle

10. Cattle damaging land. Police to aid seizures.
11. Cattle damaging public roads, canals and embankments.
12. Fines for cattle impounded. List of fines and charges for feeding.
 CHAPTER IV

delivery OR sale OF cattle

13.“Procedure when owner claims the cattle and pays fines and charges.
14. Procedure if cattle be not claimed within a work.
15. Delivery to owner disputing legality of seizure, but making deposit.
16. Procedure when owner refuses or omits to pay the fines and expenses. Deduction of fines and expenses. Delivery of unsold cattle and balance of proceeds. Receipt.
17. Disposal of fines, expenses and surplus proceeds of sale.
18. [Repealed.]
19. Officers and pound-keepers not to purchase cattle at sales under Act. Pound-keepers when not to release impounded cattle.
 CHAPTER V

complaints OF illegal seizure OR detention

20. Power to make complaints.
21. Procedure on complaint.
22. Compensation for illegal seizure or detention. Release of cattle.
23. Recovery of compensation.
 CHAPTER VI

penalties

24. Penalty for forcibly opposing the seizure of cattle or rescuing the same.
25. Recovery of penalty for mischief committed by causing cattle to trespass.
26. Penalty for damage caused to land or crops or public roads by pigs.
27. Penalty on pound-keeper failing to perform duties.
28. Application of fines recovered under section 25, 26 or 27.
 CHAPTER VII

suits FOR compensation

29Saving of right to sue for compensation
30Set-off.
 CHAPTER VIII

supplemental

31Power for Provincial Government to transfer certain functions to local authority and direct credit of surplus receipts to local fund.
 SCHEDULE

[Repealed.]

 

The

Cattle-trespass Act, 1871

act No. I of 1871

13th January, 1871

 

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

whereas it is expedient to consolidate and amend the law relating to trespass by cattle ; It is hereby enacted as follows :-

 

CHAPTER I

preliminary

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

(2)        It extends to the whole of Pakistan], except    such local areas as the s (Provincial Government], by notification in the official Gazette, may from time to time exclude from its operation.]

 

  1.             [Repeal of Acts. References to repealed Acts.} Rep. by the Repealing Act, 1938 (I of 1938).

 

  1. 3.             Interpretation clause. In this Act,—

officer 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, [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.]

 

pounds AND pound-keepers

  1.         Establishment of pound. Pounds shall be established at such places as the Magis­trate of the District, subject to the general control of the Pro­vincial 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.

 

  1. 5.         Control of pound. Rates of charge for feeding impounded cattle. 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.

 

  1.         Appointment of pound keepers. Pound keepers may hold other offices. Pound keepers to be public servants. The provincial Government shall appoint a pound-keeper for every pound. Any pound-keeper may hold simultaneously any other office under the “[Government].

Every pound-keeper shall be deemed to be a public servant within the meaning of the Pakistan Penal Code.]

Duties of Pound-keepers

  1.         To keep registers and furnish returns. Every pound-keeper shall keep such registers and fur­nish such returns as the Provincial Government] from time to time directs.
  2. 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.

 

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

 

 

CHAPTER III

impounding cattle

  1.       Cattle damaging land. 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 [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 (&) rescues from persons mak­ing such seizures.

 

  1. 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  [send them or cause them to be sent within twenty-four hours] to the nearest pound.

 

  1.       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 “[Provincial 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 “[Provincial 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.]

 

 

CHAPTER IV

delivery OR sale OF cattle

  1. 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.

 

  1.       Procedure if cattle be rot 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 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,

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