[12. Fines for cattle impounded.--For every head of cattle impounded as aforesaid, the poundkeepers shall levy a fine in accordance with the scale for the time being prescribed by the State 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 State 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.]
STATE AMENDMENTS
Maharashtra.--
Insertion of new sections 12A and 12B in Act I of 1871.--In the principal act, after section 12, the following new sections shall be inserted, namely:---
"12A. Security in respect of impounded cattle. --(1) In any local area to which he state Government may, by notification in the Official Gazette, apply this section , every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form to be prescribed by the State Government, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the state Government may, by rules, prescribe, Different scales may be prescribed for different areas or different classes of cattle.
(2) If any cattle belonging to such owner are impounded within a period of six months from the date on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a part thereof, as may be directed by the State Government by rules made in this behalf, shall stand forefeited to the State Government. If cattle are not impounded as aforesaid, the amount of security deposit shall, on an application may by or on behalf of the depositor, be refunded to him on the expiry of that period.
(3) On every occasion on which the release of the cattle impounded under this Act is claimed, the owner of the cattle shall deposit a fresh security.
12B. Removal of cattle to specified places.--(1) If in any local area to which the State Government may, by notification in the Official Gazette apply this section, a Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari is satisfied--
(i) that the grazing land set apart for the use of cattle of one or more village in the taluks, tahsils or mahal under his jurisdiction is insufficient for the cattle belonging to the permanent residents of such village or villages; or
(ii) that the crops or grass standing on any agricultural land or grazing land so set apart are likely to be damaged by cattle belonging to persons who are not residents of such village or villages and who own more than twenty head of cattle, he may--
(a) in any case referred to in clause (i) direct any such resident owner, by special or general order, to remove or cause to be removed all or any dry or useless cattle belonging to him to such place or places within the State and within such period as may be specified in the order, and
(b) in any case referred to in clause (ii) direct any such non-resident owner, by special or general order, to remove or cause to be removed all or any of his cattle to such place or places within the state and within such period as may be specified in the order.
(2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari, as the case may be, may direct a police officer not below the rank of a head constable to remove or cause to be removed such cattle to the place or places specified in the order.
(3) If the Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari is satisfied that the order issued by him under sub-section (1) is contravened by any owner or keeper of cattle, he may impose a fine not exceeding one thousand rupees. Any fine so imposed may, on failure of such owner or keeper to pay the same within the specified time, by recovered by sale of all or any of the cattle ordered to be removed under sub-section (1)."
[Vide Bombay Act XIII of 1959, s. 5]
Maharashtra.--
In section 12,--
(a) the words "head of" shall be deleted;
(b) for the words "Different scales may be prescribed for different local area" the following shall be substituted, namely:--
"Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by the same person according to the number of cattle impounded at a time and the number of times such cattle are impounded and different scales may be prescribed for different local areas.";
[Vide Maharashtra Act XXXIV of 1950, s. 2]