The Kerala Cattle Trespass Act, 1961 (No.26 of 1961)

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THE KERALA CATTLE TRESPASS ACT, 1961
(Am 25 or 1961)
. CONTENTS
Preamble.
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Sections.
CHAPTER I
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Pounds and Pound-keepers
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3. Establishment of pounds.
4. Control of pounds. and rates of charge for feeding impounded
cattle.
5. Appointment of pound-keepers.
Duties 0f Pound-keepers
6. To keep reg1stcrs and furnish returns.
7. To rcg1ster seizures.
8. To take charge 91‘ and feed cattle.
CHAPTER III
Impnunding Cattle
9. Cattle damaging land may be seized and police to aid sum
seizures.
l0. Cattle damaging publxc roads. canals and embankments.
l l. Fines for cattle impounded.
CHAPTER 1v
Delivery or Sale of Cattle
12. Procedure when owner claims the cattle and pays fines and
charges.
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13. Procedure if cattle be not claimed within a week.
l4. Delivery to owner disputing legality of seizure,. but making
deposit.
15. Procedure when owner refuses or omitsto pay the fine and
expensc.
16. Disposal of fines, expenses and surplus proceeds of sale.
)7. Application of fines and unclaimed proceeds ,of sale.
18. Officers and pound-keepers not to purchase cattle at sales
under this Act.
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CHA PTER V
Complaints of Illegal Seizure and Detention
19. Power to make complaints.
20. Proceedure on complaints.
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21. Compensation for Illegal seizure or detention and release ol
cattle.
22. Recovery of compensation.
CHAPTER VI
Penalties
23. Penalty for forcibly opposing the seizure of cattle or rucuirig
the same.
24. Penalty for damage caused to land or crops or publxc road
by cattle.
25. Recovery of penalty for mischief committed by causing cattle
trespass.
26. Powers of police to investigate offences under section 24.
27. Penalty on pound-keeper [ailing to perform duties.
28. Application of fines recovered under sections 24, 25 and 27.
CHAPTER Vll
Suits for Compensatinn
29. Saving of right to sue for compensation.
30. Set-off. .
CHAPTER VIII .
Miscellaneous
31. Delegation of powers.
32. Power to make rules.
33. Repeal and Savings.
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490
ACT 26 OF 1961
THE KERALA CATTLE TRESPASS ACT, 1961‘
An Act to consolidate and amend the law ”Idling lo "upon“ by calllc in the
Slate quualag
Pullmbll.—WHEREAS it is necessary to consolidate and amend the
law relating to trespass by cattle on lands and causing damage to
crops and other produce thereon, in the State of Kerala;
BE it enacted in theTwell‘th Year of the Republic of Indians
follows:—
CHAPTER I
1. SIer title, extent and mmmenrsmenI.—(l) This Act may be called the
Keiala Cattle Trespass Act, 1961.
(2) (a) It extends to the whole ofthe State ofKerala;
(b) The Government may, by notification in the Gazette,
exclude any area from the operation of this Act from such
date as may be specified therein.
(3) It shall come into force on such date as the Government may,
by notification in the Gazette, appoint.
2. szinili'wL—In this Act, unless the context otherwise requires,—
(1) “cattle" means cows, oxen and bulls and includes elephants,
camels, bufialos, horses, mares, geldings, ponies, colts, fillies, mules,
asses, pigs, rams, ewes, sheep, lambs, goats, kids and fowls and such
other kinds of animals as the Government may, by notification in the
Gazette, specify;
(2) “Director” means the Director of Local Bodies appointed by
the Government;
(8) "localauthority" means any Municipal Corporation, Muni-
cipalCouncil or Panchayat, or, in area where there is no Municipal
Corporation, Municipal Council or Panchayat, such authority asthe
Government may appoint in this behalf.
CHAPTER II
POUNDS AND mums-Keenan:
3. Edabluhmmty‘paundsfu) Pounds may be established at such
places in each district as the Director may, from time to time, direct.
(2) The area by which every pound is to be used shall be deter-
mined by the Directori
4. Central quumid: and rail: of dung: forfarlmg impnumied tattle ——The
pounds shall be under the control of the local authority and that
authority shall fix, and may, from time to time alter, the rates ofcharge
fbr feeding and watering impounded cattle.
’ Published in the Gazette Extraordinary dated 15th July 196l.

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5. Appointment of pound-kgzpcr:.—(l) Every pound shall be in the
charge of a pound-keeper appomted by the local authority concerned.
(‘2) Every pound4keeper shall be deemed to be a public servant
Within the meaning ofscction 21 of the Indian Penal Code.
(3) Every pound-keeper appointed by the local authority may be
suspended or removed by that authority.
DUTIES or POUND-Keenan
6‘ To Keep registers and furnish "mum—Every pound-keeper shall
kcei) such registers, and furnish such leturns as the Government may,
lrom time to time, direct.
7. To regain Jazmin—When cattle are brought to a pound, the
pound-keeper shall enter in his iegistcr—
(a) the number and description of the cattle ;
(b) the day and hour on and at which they were so brought ;
(c) the name and rCSlanCC of the seizure ; and
(d) the name and the residence of the owner, if known.
The seizure shall affix his Signature in the register. The pound-
keepcr shall give the seizuie or his agent a copy of the entiies aforesaid.
8 To take charge of and feed rattler—The pound-keeper shall take
charge of feed and water the cattleuntile they are disposed of as herein-
after directedg
CHAPTER III
IMPoUNDiNa CATTLE
9. Cattle damaging [and may be seized and palm to aid such seizure:—
(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 embank-
ments, 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

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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 impound-
ed 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 pay-
ment 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. ; .
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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—
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(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,
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(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
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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.
18. Ofim: and pound-keeper: not Iopurrhase will: a! rules under llttr Act.—
(I) No Police officer, or other officer or pound-keeper appointed under
the provrsions herein contained and no member oftlie local authority
under whose control the pound is shall, directly or indirectly, purchase
any cattle at a sale under this Act.
(2) No pound-keeper shall release or deliver any impounded
cattle, otherwise than in accordance With the provisrons of this Chapter,
unless such release or delivery is ordered by the Director or the local
authority or the Magistrate acting under Chapter V ofthis Act or a
civil court,’ in writing stating the reasons for such order.
CHAPTER V
COMFLAIN'IS OF ILLEGAL SEIZURE AND DETENTION
19. Pawn to make wmpluiutn—Aiiy person whose cattle have been
seized under this Act, or, havmg been so seizcd have been deiained in
contravention of this Act, may, at anv time Within ten days from the
date of seizure, make a complaint to the Distiict Magistrate or any
Magistrate authorised to ieceivc and try charges Without reference by
the Magistiatc of the district.
20. Procedure on complainl:.—( l) The complaint shall be made by the
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complainant in person or by an agent personally acquainted with the
circumstances Ii may be either in writing or verbal Ifit be verbal,
the substanCc of it shall be taken down in writing by the Magistrate.
(2) 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
21 l
Camfienmltmlfur illegal seizure or deleritzon and ”has: qfcuule.—( 1) If
the scizuie or detention be adjudged, illegal the Magistrate shall award
to the complainant, for the loss caused by the seizure .or detention,

495
reasonable compensation not exceeding one hundred to ees, to be paid
by the person who made the sent»: or detained the catt e, together with
all fines paid and expenses incurred by the complainant in procuring
the release 01 the cattle
(2) If the cattle have not been released, the Magistrate shall,
besides awarding such compensation, order their release and direct that
the fines and expenses leViable under this Act shall be paid by the per-
son who made the seizure or detained the cattle.
22. Recovery flromprnralinn.—The compensation, fines and expensesmentioned tn section 21 may be recoveredin the manner prowded [or
the recovery of fines Under the Code of Criminal Procedure, 1898.
CHAPTER VI
PENALTIES
23. Penalty forfontbly opposing the seizure :1] mill: at mmmg the same.—
Whocver foreibly opposes the seizure of cattle liable to be seized under
this Act, 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 convtction before a Magistrate, be punished with
imprisonment for a period not exceeding SIX months, or with fine not
exceeding five hundred rupees, or with both.
24. Penalty/717 damage caused to land or mp: 01 public road: by mule.—
Any owner, or keeper or attendant of cattle, who causes or suffers cattle
to stray about Without a keeper or who, through neglect or otlierWise,
damages or causes or permits to be damaged any land, or any crop or
produce of land or any public road, by allowmg such cattle to trespass
thereon, shall, on conViction before a Magistrate, be liable to a fine not
less than twenty-five rupees, but not ereeedtng two hundred and fifty
rupees or to imprisonment for a term not exceeding three months, or to
both.
25. Rummy ofpenalgyfar muchtgf committed by musing tau/2 la trespass.—
Any fine imposed under section 24 or [or the ofl'ence of mischief by
causing cattle to trespass on any land may be recovered by sale of all or
any of the cattle by which the trespass was committed, whether they
were seized in the act of trespassmi,r or not, and whether they are the
property of the person convicted of the ofi'ence, or were only in his
charge when the trespass was committed.
25. Power: ofPoltte Ir investigate oflmrer under section 24 —Noiwithstand-
ing the provismns contained in the Code of Criminal Procedure, 1898
any Police Officer may investigate Without the order of a Magistrate
into an oflence under Section 24 as if it were a cognizablc case, but he
shall not arrest Without warrant from a Magistrate any person accused
of offence under section 24.
27. Penal!) an paund-Ireepafmling to perform dunk—Any pound-keeper
releasing or purchasing or delivering cattle contrary to the provisions of
section 18, or omitting to provide any impounded cattle with sufficient
food and water, or failing to perform any of the Other duties imposed

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upon him by this Act, dial], over and above any other penalty to which
he may be liable, be punished, on conviction before a Magistrate, wtth
fine not exceeding fifty rupees. Such fines may be recovered by deduc-
tions lrom the pound-keeper‘s salary.
28. Application qffmzr "covered and" radiant 24, 25 and 27.—All fines
recovered under sections 24, 25 and 27 may be appropriated, in whole
or in part, as compensation for loss or damage pravcd to the satisfaction
of the conVicting Magistrate.
CHAPTER VII
Suns FOR COMPENSATION
29. Saving dink/it to major campmatwn.——Nothing herein Contained
shall be deemed to prohibit any person whose crops or other produce
of land have been damaged by trespass of cattle from suing for com-
pensation in any competent civil court.
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30. Set-ryf—Any compensation .paid under this Act, by order of a
_ convicting Maqistrate, toaperson whose crops or other produce of
sland have been damaged by trespass by cattle, shall be set-011" and
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deducted from any sum due to that person as compensation in any civrl
suit referred to in section 29.
CHAPTER VIII
MISCELLANEOUS
3|. Delzgatian qlpawm.—The Director may, by notification in the
Gazette, delegate all or any at his powers under this Act to any Oficer
of his department and may by like notification Withdraw such poweri.
32. Pawn“ malt: mien—(1) The Government may make rules to
carry out the purposes of this Act.
(2) All rules made under this section shall be laid before the Legis-
lative Assembly for a period of not less than fourteen days as soon as
possible after they are made, and shall be subject to such modifications
as the Legislative Assembly may make during the session in which they
are so laid at the session immediately following.
33. Repeal and Sumng:.—The Travancore-Cochin battle Trespas Act,
1125 (Act XII of 1125) and the Cattle Trespass Act, 1871 (Central Act
10(1871) in its application to the Malabar district referred to in
subsection (2)01‘ section 5 of the States Reorganisation Act, 1956,
are hereby repealed; but notwnhstanding such repeal all pound:
eltablishcd under the aforesaid Acts shall be deemed tobc pound:
estabhshcd under this Act
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