The officer by whom the sale was made shall send to the Magistrate of the District the fines so deducted. 8 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, 1[be deemed to hold them as part of the revenues of the State]. STATE AMENDMENT Maharashtra Amendment of section 17 of Act 1 of 1871.—In section 17 of the principal Act, after the second paragraph, the following new paragraph shall be inserted, namely:- “The amount of security required under section 12A shall be deposited with the pound-keeper.” [Vide Bombay Act XIII of 1959, s. 9] 18. [Application of fines and unclaimed proceeds of sale.] Rep. by the A.O. 1937. 19. Officers and pound-keepers not to purchase cattle at sales under Act.—No officer of police or other officer or pound-keeper appointed under the provisions herein contained shall, directly or indirectly, purchase any cattle at 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. 2 [CHAPTER V COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION 20. Power to make complaints.—Any person whose cattle have been seized under this Act, or, having been so seized, have been detained in contravention of this Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate authorised to receive and try charges without reference by the Magistrate of the District. 21. Procedure on complaint.—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 the Magistrate. If the Magistrate, 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. 22. Compensation for illegal seizure or detention.—If the seizure or detention be adjudged illegal, the Magistrate 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, Release of cattle.—and, 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. 23. Recovery of compensation.—The compensation, fines and expenses mentioned in section 22 may be recovered as if they were fines imposed by the Magistrate.]3 1. Subs. by the A.O. 1937, for “dispose of them as hereinafter provided”. 2. Subs. by Act 1 of 1891, s. 6, for Chapter V. 3. See ss. 63 to 70 of the Indian Penal Code (45 of 1860), and s. 386 of the Code of Criminal Procedure, 1898 (5 of 1898); cf. also. s. 25 of the General Clauses Act, 1897 (10 of 1897). 9 CHAPTER VI PENALTIES 24. 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. 1 25. Recovery of penalty for mischief committed by causing cattle to trespass.—Any fine imposed 2[under the next following section or] for the offence of mischief by causing cattle to trespass on any land may be recovered by sale of 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. Penalty for damage caused to land or crops or public roads by pigs.—Any owner or keeper of pigs 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 pigs to trespass thereon, shall, on conviction before a Magistrate, be punished with fine not exceeding ten rupees. 3 [The 4 [State Government], by notification in the Official Gazette, may from time to time, with respect to any local area specified in the notification, direct that the foregoing portion of this section shall be read as if it had reference to cattle generally, or to cattle of a kind described in the notification, instead of to pigs only, or as if the words “fifty rupees” were substituted for the words “ten rupees,” or as if there were both such reference and such substitution.] 5 * * * * * STATE AMENDMENTS Assam Substitution of Section 26.—In the principal Act, for section 26, the following section shall be substituted, namely: — “26. Penalty for damage caused to land or crops or public roads or for injury caused to any person by cattle or for cattle on public roads.—

(1) Any owner or keeper or attendant of cattle who through neglect or criminal motive or otherwise damages or causes or permits to be damaged any land or any crop or produce of land or any public road or anything or causes injury to any person or persons by allowing such cattle to trespass thereon, or lets loose any cattle to stray on any public road and thereby causes obstruction to traffic shall, on conviction before a judicial magistrate, be punishable with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees and in default of payment of fine, simple imprisonment for a term not exceeding one month for the first offence and for the subsequent offences, fine not less than one thousand rupees but which may extend to two thousand rupees or to simple imprisonment for a term which may extend to three months.

(2) While convicting such person under sub-section

(1), the magistrate may order him to pay the person whose land, or crop or produce of land or anything has been damaged or the person who is injured, such compensation depending upon the value of the loss or expenses so incurred for the medical treatment, as may be considered reasonable and in default of payment, the cattle in respect of which the 1. As to the application of s. 25 in the case of cattle-trespassing on a railway, see the Indian Railways Act, 1390 (9 of 1890), s. 125

(3). 2. Ins. by Act 1 of 1891, s. 7. 3. Ins. by s. 8, ibid. 4. Subs. by the A.O. 1950, for “Provincial Government”. 5. The last paragraph of section 26 rep. by Act 10 of 1914. 10 offence has been committed shall be forfeited and sold on auction in order to compensate the person so aggrieved.” [Vide Assam Act 15 of 2002, s. 2.] Insertion of section 26A.— In the principal Act, after section 26, the following new section 26A shall be inserted namely: — “26A. Cognizance of offence.—No Court shall take cognizance of any offence punishable under section 26 except on a report in writing of the facts constituting such offence made by the person aggrieved by such offence or by person who is a public servant as defined in section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).” [Vide Assam Act 15 of 2002, s. 3.] Uttar Pradesh Uttar Pradesh Amendment of section 26 of Act (1 of 1971).—For section 26 of the Cattle Trespass Act, 1871, (hereafter called the principal Act), the following shall be substituted— “26. Penalty for damage caused to land by cattle.—Any owner, keeper or attendant of cattle, who though neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land by allowing such cattle to trespass thereon, shall on conviction before a Magistrate, beliable to a fine not less than Rs. 10 but not exceeding Rs. 250 or to imprisonment for a term not exceeding three months or to both.” [Vide Uttar Pradesh Act 7 of 1954, s. 2] Maharashtra In section 26,--

(1) of that section;

(1) so numbered, the following sub-sections shall be inserted, namely:-- “

(2) The Magistrate trying the offence under sub-section

(1) may order,--

(3) Any compensation awarded under sub-section

(2) may be recovered as if it was a fine imposed under this section.”;

(4) of that section and in sub-section

(4) so numbered the words “the foregoing portion of” shall be deleted; [Vide Bombay Act XXXIV of 1950, s. 2] 27. Penalty on pound-keeper failing to perform duties.—Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of section 19, 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-keeper’s salary. 28. Application of fines recovered under section 25, 26 or 27.—All fines recovered under section 25, section 26 or section 27 may be appropriated in whole or in part as compensation for loss or damage proved to the satisfaction of the convicting Magistrate. STATE AMENDMENT Maharashtra After section 28, the following section shall be inserted, namely:-- 11 “28A. Offence under section 26 of the be cognizable.—The offence under section 26 shall be cognizable.” [Vide Bombay Act XXXIV of 1950, s. 2] CHAPTER VII SUITS FOR COMPENSATION 29. Saving of right to sue for compensation.—Nothing herein contained prohibits any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent Court. STATE AMENDMENT Maharashtra Substitution of new section 29 for existing section 29 of Act 1 of 1871.—In the principal Act, for the existing section 29, the following new section shall be substituted, namely:-- “29. Saving of right to sue for compensation.—Nothing herein contained prohibits any person whose property, crops or other produce of land have been damaged or to whom any hurt or injury or obstruction has been caused by trespass of cattle from suing for compensation in any competent court.” [Vide Bombay Act XIII of 1959, s. 10] 30. Set-off.—Any compensation paid to such person under this Act by order of the convicting Magistrate shall be set-off and deducted from any sum claimed by or awarded to him as compensation in such suit. 1 [CHAPTER VIII SUPPLEMENTAL 31. Power for State Government to transfer certain functions to local authority.—The State Government may, from time to time by notification in the Official Gazette,—

(1) The State Government may, by notification in the Official Gazette, make rule for carrying into effect the purposes of this Act.

(2) In particular but without prejudice to the generality of the foregoing provision, such rules may provide for the following, namely:--

(3) The power to make rules under this section shall be subject to the condition of previous publication in the official Gazette.

(4) All rules make under this section shall be laid before each house of the Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following.” [Vide Bombay XIII of 1959, s. 11] 1. Chapter VIII was added by Act 1 of 1891, s. 9. 2. Clause