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,—
(a) transfer to any local authority within any part of the territories under its administration in
which this Act is in operation, all or any of the functions of the State Government or the Magistrate of
the District under this Act, within the local area subject to the jurisdiction of the local authority.
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* * * * *]
STATE AMENDMENT
Maharashtra
Insertion of new section 32 after section 31 of Act 1 of 1871.—After section 31 of the principal
Act, the following new section shall be inserted, namely:--
“32. Power to make rules.—
(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:--
(i) the form of, and the procedure relating to, the declaration, and the scales of deposits to be
made, under section 12A;
(ii) the procedure regulating the making of security deposits, custody and refund thereof;
(iii) the manner in which any cattle may be disposed of;
(iv) any other matter which is to be or may be prescribed.
(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
(b) was rep. partially by Act 10 of 1914 and partially by the A.O. 1937.
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[SCHEDULE.] Rep. by the Repealing Act, 1938 (1 of 1938).
STATE AMENDMENT
Uttar Pradesh Amendment of section 26 and 28 of Act (1 of 1971).—The State Government may,
by notification in the official Gazette, with respect to any local area specified in the notification declare
that section 26 of the Principal Act, as amended by this Act and section 28 of the Principal Act, shall
stand further amended and modified as specified in the Schedule and with effect from the date of the said
declaration the Principal Act shall stand amended accordingly.
SCHEDULE
1. For section 26 of the Principal Act, amended by this Act, the following shall be substituted—
“26. Penalty for damage caused by land by cattle.—Any owner, keeper or attendant of cattle,
who through neglect or otherwise, damage 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, be liabel—
(a) for first offences to a fine not less than Rs. 10 bot not exceeding Rs. 250 or to
imprisonment for a term not exceeding three months or of both.
(b) for the second or subsequent offence to an imprisonment for a term not exceeding
three months and fine not exceeding Rs. 500.
2. Application of fines recovered under section 25, 26 or 27.—For section 28 of the Principal Act,
the following shall be substitute---
“28. Application of fines recovered under sections 25, 26 or 27.—All fines recovered under
section 25, clause
(a) of 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.”
[Vide Uttar Pradesh Act 7 of 1954, s. 3]
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