Cattle Trespass Act, 1871 (Assam)
[Act No. 1 of 1871]
[13th January, 1871]
Preamble
An
Act
to consolidate and amend the law relating to trespass by cattle
Whereas it is expedient to consolidate and amend the law relating to trespass by cattle.
It is hereby enacted as follows:-
Statement of Objects and Reasons The Cattle - Tresspass (Assam Amendment) Act, 1936
(Assam Act No. 1 of 1936)1
Under the present system, unclaimed impounded cattle in Municipal and Local Board pounds are sold in auction by the Police, a Work which occupies much of their time to the detriment of their more important duties. Moreover, some pounds are situated at long distances from the thana and there is often delay in selling the unclaimed cattle, which means a loss to the claimant on account of surplus sale proceeds.
With a view to relieve the Police of this particular work, the Local Boards in a number of districts in the Assam Valley were by executive order appointed by District Officers agencies for performing these duties under the proviso to Section 14 of the Act. Government are advised that such delegation of power is not strictly legal. It is now proposed to legalies this procedure and to make it uniform all over the province.
The Bill gives power to the District Magistrate to authorise the Chairman or Presidents of Municipal or Local Boards or Village Authorities to conduct such sales.
Footnote:
-
Published in the Assam Gazette, Part-V, dated 26th February, 1936.
Section 1 - Title and extent
(1) This Act may be called the Cattle Trespass Act, 1871.
(2) It extends to the whole of India 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.
(3) [Repealed by Act 10 of 1914).
Section 2 - Repealed
[Repealed by Act 1 of 1938.]
Section 3 - Interpretation clause
In this Act--
"Officer of Police" includes also village watchman 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.
Section 4 - Establishment of pounds
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 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.
Section 6 - Appointment of pound-keepers
The State Government shall appoint a pound-keeper for every pound.
Pound-keepers may hold "other offices"-
Any pound-keeper may hold simultaneously any other office under the Government.
Pound-keepers to be "public servants"-
Every pound-keeper shall be deemed to be public servant within the meaning of the Indian Penal Code.
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 seizure; and
(d) the name and residence of the owner, if known, and shall give the seizure 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, the cattle until they are disposed of as hereinafter directed.
Section 10 - Cattle damaging land
The cultivator or occupier of any land of any...
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