WHEREAS it is expedient to consolidate and amend the law relating to trespass by cattle; It is enacted hereby follows:-
CHAPTER I
PRELIMINARY
3[(2) It extends to the whole of Bangladesh.] Repeal of Acts References to repealed Acts
“officer of police” includes also village-watchmen, and
“cattle” includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids, and
“local authority” means anybody of persons for the time being invested by law with the control and administration of any matters within 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
The village by which every pound is to be used shall be determined by the Magistrate of the District.
(a) the number and description of the animals,
(b) the day and hour on and at which they were so brought,
(c) the name and residence of the seizure, and
(d) the name and residence of the owner, if known,
and shall give the seizure or his agent a copy of the entry.
CHAPTER III
IMPOUNDING CATTLE
or any person who has advanced cash for the cultivation of the crop or produce on any land,
or the vendee or mortgagec of such crop or produce or any part thereof,
may seize or cause to be seized any cattle trespassing 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 village in which the land is situate.
CHAPTER IV
DELIVERY OR SALE OF CATTLE
The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by the pound-keeper.
Such officer shall thereupon stick up in a conspicuous part of his office a notice stating
(a) the number and description of the 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 beat of drum in the village and at the market-place nearest to the place of seizure.
If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time and subject to such conditions as the Magistrate of the District by general or special order from time to time directs:
Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.
(a) the number of cattle seized,
(b) the time during which they have been impounded,
(c) the amount of fines and charges incurred,
(d) the number of cattle sold,
(e) the proceeds of sale, and
(f) the manner in which those proceeds have been disposed of.
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, be deemed to hold them as part of the revenues of the 5[Government].
CHAPTER V
COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION
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.
CHAPTER VI
PENALTIES
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 Taka, or with both.
The 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 taka” were substituted for the words “ten taka” or as if there were both such reference and such substitution.
Such fines may be recovered by deductions from the pound-keeper’s salary.
CHAPTER VII
SUITS FOR COMPENSATION
CHAPTER VIII
SUPPLEMENTAL
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 Government or the Magistrate of the District under this Act, within the local area subject to the jurisdiction of the local authority.
the purposes of this Act, a Chairman of a 6[Paurashava] constituted under the 7[Municipal Administration Ordinance, 1960]; or a President of a 8[Union Parishad] constituted under 9[Bangladesh Local Council and Municipal Committee (Dissolution and Administration) Order, 1972]; to discharge the functions of an officer appointed under section 14, in respect of
cattle impounded within the area included within that 10[Paurashava] or within the area subject to the jurisdiction of that Union Parishad, as the case may be:
Provided that a Chairman or President so appointed may, by general or special order, delegate to the Vice-Chairman of such 11[Pasurashava] or the Vice-President of such 12[Union Parishad] as the case may be, all or any of the functions of an officer appointed under section 14 which such Chairman or President is entitled to discharge and may at any time withdraw the same.
(2) A Chairman or President so appointed, or a Vice-Chairman or Vice-President to whom the Chairman or the President, as the case may be, may have delegated all or any of the functions referred to in sub-section (1), shall, not, directly or indirectly, purchase any cattle at a sale under this Act.
(1) the determination of the manner of disposal or unclaimed impounded cattle under the proviso to section 14; and
(2) the settlement of claims in respect of surplus unclaimed proceeds of the sale of cattle held in deposit under section 17.
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1
Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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2
Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973
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3
Sub-section (2) was substituted, for the former sub-section (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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4
The word “Pakistan” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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5
The word “Government” was substituted, for the word “Province” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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6
The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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7
The words Comma and figure “Municipal Administration Ordinance, 1960” were substituted, for the words “Bengal Municipal Act” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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8
The words “Union Parishad” were substituted, for the words “Union Board” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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9
The words, brackets, comma and figure “Bangladesh Local Council and Municipal Committee (Dissolution and Administration) Order, 1972” were substituted, for the words “Bengal Village self-Government Act, 1919” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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10
The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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11
The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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12
The words “Union Parishad” were substituted, for the words “Union Board” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).