(l) The cultivator or occupier of any land, or any person who has acquired a right for the cultivation ofihe 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 tiespassing on such land, and doing damage thereto or to any crop or produce thereon, and send them or cause them to be sent within twenty-four 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.
10 Cattle damaging public vomit, canals and embankmentL—Persons in charge 0F public roads) pleasuu: 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 and such other ofiicers as the Director may empower in this behalf, may seize, or cause to be 4 92 seized, any cattle doing damage to such roads, grounds, plantations, canals drainage works, tanks, embankment: 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.
ll. Fmerfor mule tmpoundtd.—(l) For every head of cattle impounded as aforesaid the pound~lteeper shall levy a fine in accordance With the scale for the time being prescribed by the Director in this behalf by notification in the Gazette. Different scales may be [Jl’CSCI'led for diflerent local areas and for different kinds of cattle.
(2) Notwithstanding anything contained in sub-section (1), when it appears to the Director 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 {or 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 Schlficd by him iii the said notification, not exceeding double the fine prescribed under sub-section (1), shall be levied.
(3) All fines leVied under this section shall be credited to the fund of the local authority or where there IS no Municipal Corporation, Municipal Councilor panchayat, in such manner as the Government may, from time to time, direct.
(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.
CHAPTER 1V Dizzrvziw on SALE or came l2. Pratedun when awn" claim: ”I: with unripe}: fine: and charger.—
(z) lfthe owner ofthe 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.
l3. Preceding 1f cull/2 b: m7! dawned within a "min—(I) If the cattle be not claimed within seven days from the date oftheir being impounded, the pound-keeper shall remit the fact to the local authority concerned or to such officer as the Director specrfies in this behalf.
(2) The local authority or the other officer shall thereupon afix in a conspicuous part ofits or his office a notice stating——
(a) the number and description ofthe 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 by heat of drum in the village and in_t.lie market place nearest to the place of seizure. ; . ”/1."
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(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 or the said officer or any other olficer subordinate to him deputed for that purpose, at such place and time and subject to such conditions as the Director, by general or special order, from time to time, directs.
Provided that if any such cattle are, in the opinion of the Director, not likely to fetch a fair price If sold as aforesaid, they may be disposed of in such other manner as he thinks fit.
14-. Dclzzmy In owner disputing legalzl} (future but making deporit.—Il' 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 refiner 01 1mm: to pay the finer and EXPMJZL—(l) lithe owner or his agent appeals and refusa or omits to pay or in the case mentioned in section 14 to depOsit the said fines and expensu, the cattle, or as many of them as may be neceSSary, shall be sold by pubhe auction by the local authority or by such officer, as the case may be, at such place and time, and subject to such conditions as are referred to m section 13.
(2) The fines leviable and expensu of feeding and watering together With the CXanses 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 ofrattle seized,
(b) the time during which they have been impounded,
(c) the amount offines and charges incurred,
(d) the number ofcattlc 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 an]:
delivered to him and for the balance of the proceeds ofsale, 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 or according to the provisions of this Act.
16. Ditpnsal qffinzr, expert”: and surplm proceed; 13f MIL—(1) The officer by whom the sale was made shall send to the local authority the fine: so deducted.
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(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 0! 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 deposu, and if no claim thereto be prefeired within llfl’CC months and established, shall dispose of them as hereinafter prowded.
l7. Applicalian igffirm mid untlaimed proceedt of ra[:.#(l) All sums received on account of fines and the unclaimed proceeds of the sale of cattle shall be credited to the fund ofthe local authority or, where there is no Municipal Corporation, MumCipal CounCil or Panchayat, in such manner as the Government may, fiom time to time, direct.
(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 caiiying out of the prowsions of this Act shall be paid by the local authority.