No: 7 Dated: Apr, 01 1978

THE CATTLE-TRESPASS ACT, 1977 (1920 A. D.)

Act No. VIII of 1977

    An Act to consolidate and amend the law relating to Trespasses by Cattle.

Preamble. - Whereas it is expedient to consolidate and amend the law relating to trespass by cattle;

It is hereby enacted as follows :-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Cattle Trespass Act, 1977.

(2) It extends to the whole State, except such towns or local areas as [the Government] by notification in the Jammu and Kashmir Government Gazette, may from time to time exclude from its operation.

(3) It shall come into force on the 1st day of Baisakh, 1978.

2. Savings. - All pounds established, pound-keepers appointed and villages determined under the State Council Circular No. 30 of 1889 (relating to trespasses by cattle), shall be deemed to be respectively established, appointed and determined under this Act.

3. Interpretation clause. - In this Act,-

"Officer of Police" includes also village watchmen and [in any local area with respect to which a Notification under section 33 is for the time being in force, also any employee of the local authority referred to in that section.]

"Cattle" includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats, kids.

"Local authority" means any body of persons for the time being invested by law with the control and administration of any matters with a specified local area, and

"Local fund" means any fund under the control or management of a local authority.

CHAPTER II

Pounds and Pound-Keepers

4. Establishment of Pounds. - Pounds shall be established a such places as the [Deputy Inspector General] of Police of a Province subject to the general control of the Government from time to time directs.

The village by which every pound is to be used shall be determined by the [Deputy Inspector General] of Police of a Province.

5. Control of pounds-Rates of charge for feeding impounded cattle. - The pounds shall be under the control of the [Deputy Inspector General] of Police of a Province ; and he shall fix, and may from time to time alter, the rates of charge for feeding and watering impounded cattle.

6. Appointment of pound-keepers. - The [Deputy Inspector General] of Police of a Province shall also appoint for each pound a pound-keeper.

Suspension or removal of pound-keepers. - Every pound-keeper appointed by the [Deputy Inspector General] of Police of a Province may be suspended or removed by him.

Pound-keepers may hold other offices. - Any pound-keeper may hold simultaneously any other office under Government.

Pound-keepers to be "public-servant". - Every pound-keeper shall be deemed a public servant within the meaning of the Ranbir Penal Code.