KERALA CATTLE TRESPASS ACT, 1961
THE KERALA CATTLE TRESPASS ACT, 1961
CHAPTER I
1. Short title, extent and commencement............................................................................233
2. Definitions.................................................................................................................................233
CHAPTER II
Pounds and Pound-keepers
3. Establishment of Pounds......................................................................................................234
4. Control of pounds and rates of charge for feeding impounded cattle......................234
5. Appointment of pound-keepers..........................................................................................234
Duties of Pound-keepers
6. To keep registers and furnish returns...............................................................................234
7. To register seizures...............................................................................................................234
8. To take charge of and feed cattle......................................................................................234
CHAPTER III
Impounding Cattle
9. Cattle damaging land may be seized and police to aid such seizures.....................234
10. Cattle damaging public roads, canals and embankments........................................235
11. Fines for cattle impounded................................................................................................235
11A. Special Provisions for cattle straying in aerodromes..............................................235
CHAPTER IV
Delivery or Sale of Cattle
12. Procedure when owner claims the cattle and pays fines and charges...................235
13.Procedure if cattle be not claimed within a week............................................................235
14. Delivery to owner disputing legality of seizure but making deposit..........................236
15. Procedure when owner refuses or omits to pay the fines and expenses..............236
16. Disposal of fines, expenses and surplus proceeds of sale.......................................236
17. Application of fines and unclaimed proceeds of sale..................................................236
18. Officers and Pound-keepers not to purchase cattle at sales under this Act.......237
CHAPTER V
Complaints of illegal Seizure and Detention
19. Power to make complaints..................................................................................................237
20. Procedure on complaints.....................................................................................................237
21. Compensation for illegal seizure or detention and release of cattle.......................237
22. Recovery of compensation.................................................................................................237
CHAPTER VI
Penalties
23. Penalty for forcibly opposing the seizure of cattle or rescuing the same..............237
24. Penalty for damage caused to land or crops or public roads by cattle..................237
25. Recovery of penalty for mischief committed by causing cattle to trespass........238
26. Powers of Police to investigate offences under Section 24.......................................238
27. Penalty on pound-keeper failing to perform duties......................................................238
28. Application of fines recovered under Sections 24, 25 and 27...................................238
CHAPTER VII
Suits for Compensation
29. Saving of right to sue for compensation........................................................................238
30. Set-off.....................................................................................................................................238
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| 31.Omitted.................................................................................................................................. | 238 |
| 32. Power to make rules.......................................................................................................... | 238 |
| 33. Repeal and savings............................................................................................................ | 238 |
=== THE KERALA CATTLE TRESPASS RULES, 1962 ===
| 1. Short title and Commencement......................................................................................... | 239 |
| 2. Definition. ........................................................................................................................... | 239 |
| Rules 3 - 23.................................................................................................................. | 239-240 |
| Form 1 - IV ................................................................................................................... | 241-242 |
An Act to consolidate and amend the law relating to trespass by cattle in the State of Kerala.
Preamble.- WHEREAS it is necessary to consolidate and amend the law relating to trespass by cattle on lands and causing damage to Crops and other produce thereon, in the State of Kerala;
BE it enacted in the Twelfth year of the Republic of India as follows:-
CHAPTER 1
1. Short title, extent and commencement.- (1) This Act may be called The Kerala Cattle Trespass Act, 1961.
(2)(a) It extends to the whole of the State of Kerala.
(b) The Government may, by notification in the Gazette, exclude any area from the operation of this Act from such date as may be specified therein.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires
(1) "cattle" means cows, oxen and bulls and includes elephants, camels, buffaloes, horses, mares, geldings, ponies, Colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats, kids and vowels and such other kinds of animals as the Government may, by notification in the Gazette,specify;
(2) x X x)
(3) "local authority" means a Village Panchayat constituted under Section 4 of the Kerala Panchayat Raj Act, 1994, (13 of 1994) or a municipality Constituted under Section 4 of the Kerala Municipality Act, 1994 (20 of 1994).
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Pounds and Pound-keepers
[3. Establishment of Pounds.- (1) Pounds may be established at Such places in each Village Panchayat or Municipality if the local authority so decides.
(2) Any pound established in one local authority may be used by the adjacent local authority subject to the conditions as may be mutually agreed by the local authorities Concerned.)
4. Control of pounds and rates of charge for feeding impounded cattle.- The poundsshall be under the control of the local authority and that authority shall fix, and may, from time to time, alter the rates of charge for feeding and watering impounded cattle.
5. Appointment of pound-keepers.- (1) Every pound shall be in the charge of a pound keeper appointed by the local authority Concerned.
(2) Every pound-keeper shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
(3) The pay and allowances, discipline and conduct and other Conditions of Service of a pound-keeper appointed by a local authority under sub-section (1) shall be as prescribed),-
(a) X X X X .
(b) X x X x
(4) x X x X) ۔ ۔ ۔ ۔ ۔ ۔' ۔
Duties of Pound-keepers
'6.To keep registers and furnish returns'-Every pound-keeper shall keep Such registers, and furnish such returns as the Government may, from time to time, direct.
7. 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 cattle;
(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 the residence of the owner, if known.
The seizer shall affix his signature in the register. The pound-keeper shall give the seizer or his agent a copy of the entries aforesaid.
8. 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.
Impounding Cattle
9. Cattle damaging land may be seized and police to aid such seizures.- (1) The Cultivator or occupier of any land, or any person who has acquired a right 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 twelve hours to the pound established for the area in which the land is situate.
(2) All officers of Police shall, when required, aid in preventing
(a) resistance to such seizures, and
(b) rescues from persons making such seizures.
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10. Cattle damaging public roads, canals and embankments.- Persons in charge of public roads, pleasure grounds, plantations wherein common grazing grounds are available, canals, drainage Works, tanks, embankments, and the like and officers of Police, officers employed by local authorities within their respective jurisdictions (xxx) may seize, or cause to be seized, any cattle doing damage to such roads, grounds, plantations, canals, drainage works, tanks, embankments and the like or the sides or slopes of such roads, canals, drainage Works, tanks or embankments or found straying thereon, and shall send them or cause them to be sent within twenty-four hours, to the nearest pound.
11. Fines for cattle impounded.- (1) For every head of cattle impounded as aforesaid the pound-keeper shall levy a fine in accordance with the scale for the time being prescribed by the local authority in this behalf by notification in the Gazette. Different scales may be prescribed for different local areas or for different localities within the local area and for different kinds of cattle).
(2) Notwithstanding anything contained in sub-section (1), when it appears to the local authority that in any local area cattle are habitually allowed to trespass on land and damage crops or other produce thereon, he may, by notification in the Gazette, direct that for every head of cattle of any kind specified therein which may be seized within such local area and impounded as aforesaid, such amount of fine as may be specified by him in the said notification, not exceeding double the fine prescribed under sub-section (1), shall be levied.
(3) All fines levied 12 under this section, or Section 11A shall be credited to the fund of the local authority 18xxx).
(4) A list of the fines and of the rates of charge for feeding and Watering cattle shall be exhibited in a conspicuous place on, or near to every pound.
[11A. Special Provisions for cattle straying in aerodromes.- Notwithstanding anything contained in sub-section (1) of Section 11 when it appears to the local authority) that in any aerodrome cattle are habitually allowed to trespass and cause nuisance in such aerodrome he may, by notification in the Gazette, direct that for every head of cattle of any kind specified therein which may be seized within such aerodrome and impounded as aforesaid, such amount of fine as may be specified by 'it) in the said notification, not exceeding four times the fine prescribed under sub-section (1) of Section 11, shall be levied.
Explanation:- For the purposes of this section, "aerodrome" shall have the same meaning assigned to it under the Aircraft Act, 1934 (Central Act 22 of 1934)).
Delivery or Sale of Cattle
12. Procedure when owner claims the cattle and pays fines and charges.- (a) If the owner of the impounded cattle or his agent appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle.
(b) The owner or his agent, on taking back the cattle shall sign a receipt for them in the register kept by the pound-keeper.
13. Procedure if cattle be not claimed within a week.- (1) 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 local authority concerned 'XXX).
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(2) The local authority 'XXX) shall thereupon affix in a conspicuous part of its or 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 in the village and in the market place nearest to the place of seizure.
(3) If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the local authority at such place and time and subject to such conditions as the local authority by general or special order, from time to time, directs:
14. Delivery to owner disputing legality of seizure but making deposit.- If the owner or his agent appears and refuses 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 19, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.
15. Procedure when owner refuses or omits to pay the fines and expenses.- (1) If the owner or his agent appears and refuses or omits to pay or in the case mentioned in Section 14 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 the local authority at such place and time, and subject to such Conditions as are referred to in Section 13.<br
(2) The fines leviable and expenses of feeding and watering together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.
(3) The remaining cattle, and the balance of the proceeds of sale, 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.
(4) The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the proceeds of sale, if any, paid to him according to such account.
(5) If the owner or his agent refuses to receive the remaining cattle and the surplus proceeds of sale delivered to him the cattle and the proceeds of sale shall be deemed to be unclaimed and disposed of according to the provisions of this Act.
16. Disposal of fines, expenses and surplus proceeds of sale.- (1) The officer by
whom the sale was made shall send to the local authority the fines so deducted.
(2) The charges for feeding and watering deducted under Section 15 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 12.
(3) The Surplus unclaimed proceeds of the sale of cattle shall be sent to the local authority, who shall hold them in deposit, and if no claim thereto be preferred within three months an established, shall dispose of them as hereinafter provided.
17. Application of fines and unclaimed proceeds of sale.- (1) All sums received on
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account of fines and the unclaimed proceeds of the sale of cattle shall be credited to the fund of the local authority.
(2) The salaries allowed to pound-keepers and the expenses incurred for the construction and maintenance of pounds or for any other purpose connected with the carrying out of the provisions of this Act shall be paid by the local authority.
18. Officers and Pound-keepers not to purchase cattle at sales under this Act.- (1) No Police Officer, or other officer or pound-keeper appointed under the provisions herein contained and no member of the local authority under whose control the pound is, shall directly, or indirectly, purchase any cattle at a sale under this Act.
(2) No pound-keeper shall release ordeliver any impounded cattle otherwise than inaccordance with the provisions of this Chapter, unless such release or delivery is ordered bythe local authority.
==== CHAPTER V ====
Complaints of Illegal Seizure and Detention
19. Power to make complaints- Any person whose cattle have been seized under this Act, or having been so seized, having been detained in contravention of this Act, may, at any time within ten days from the date of seizure, make a complaint to the local authority).
20. Procedure on complaints.- (1) 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 by Secretary of the local authority.
(2) If Secretary of the local authority 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.
21. Compensation for illegal seizure or detention and release of cattle.- (1) If the seizure or detention be adjudged illegal Secretary of the local authority 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.
(2) 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.
22. Recovery of compensation.- The compensation, fines and expenses mentioned in Section 21 may be recovered as if it were arrears of public revenue due on land).
==== CHAPTERVI ====
Penalties
23. 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.
24. Penalty for damage caused to land or crops or public roads by cattle.- Any owner, or keeper, or attendant of cattle, who causes or Suffers cattle to Stray about without a
keeper or 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, by allowing such cattle to trespass thereon, shall, on conviction before a Magistrate, be liable to a fine not less than twenty-five rupees, but not exceeding two hundred and fifty rupees or to imprisonment for a term not exceeding three months, or to both.
25. Recovery of penalty for mischief committed by causing cattle to trespass.- Any fine imposed under Section 24 or for the offence of mischief by causing cattle to trespass on any land may be recovered by sale or 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.
26. Powers of Police to investigate offences underSection24.- Notwithstanding the provisions contained in the Code of Criminal Procedure, 1898, any Police Officer may investigate without the order of a Magistrate into an offence under Section 24 as if it Were a Cognizable case, but he shall not arrest without warrant from a Magistrate any person accused of an offence under Section 24.
27. Penalty on pound-keeper failing to perform duties.- Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of Section 18, 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-keepers' salary.
28. Application of fines recovered under Sections 24, 25and27.- All fines recovered under Sections 24, 25 and 27 may be appropriated, in whole or in part, as Compensation for loss or damage proved to the satisfaction of the convicting Magistrate.
==== CHAPTER VII ====
Suits for Compensation
29. Saving of right to sue for compensation.-Nothing herein contained shall be deemed to prohibit any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent civil Court.
30. Set-off.- Any compensation paid under this Act, by order of a Convicting Magistrate, to a person whose crops or other produce of land have been damaged by trespass by Cattle, shall be set-off and deducted from any sum due to that person as compensation in any civil Suit referred to in Section 29.
==== CHAPTER VIII ====
Miscellaneous
32. Power to make rules.- (1) The Government may make rules to carry out the purposes of this Act.
(2) All rules made under this section shall be laid before the Legislative Assembly for a period of not less than fourteen days as soon as possible after they are made and shall be Subject to such modifications as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.
33. Repeal and savings.- The Travancore-Cochin Cattle Trespass Act, 1125 (Act XII of 1125) and the Cattle Trespass Act, 1871 (Central Act 1 of 1871) in its application to the Malabar district referred to in sub-section (2) of Section 5 of the States Reorganisation Act, 1956, are hereby repealed; but notwithstanding such repeal all pounds established under the aforesaid ACls shall be deemed to be pounds established under this Act.
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