Cattle-trespass Act, 1871

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: d27189d37792b3628bbab9186ddcfeb296d9d618681a330a56f859e70a5e7ec6.

Page 1 of 10 
 
 
  
 
 
 
THE CATTLE-TRESPASS ACT, 1871 
 
 
 
CONTENTS 
 
PREAMBLE 
 
CHAPTER I 
PRELIMINARY 
 
1. Title and Extent. 
 
2. Repeal of Acts. 
 References to repealed Acts. 
 
3.  Interpretation-clause. 
 
CHAPTER II 
POUNDS AND POUND-KEEPERS 
 
4. Establishment of pounds. 
 
5. Control of pounds. Rates of charge for feeding impounded cattle. 
 
6.  Appointment of Pound keepers. 
 Pound-keepers may hold other offices. 
 Pound-keepers to be “public servents”. 
 
DUTIES OF POUND-KEEPERS 
 
7.  To keep registers and furnish returns. 
 
8.  To register seizures. 
 
9.  To take charge of and feed cattle. 
 
 
 
 
 

 
Page 2 of 10 
 
CHAPTER III 
IMPOUNDING CATTLE 
 
10. Cattle damaging land. 
 Police to aid seizures.  
 
11. Cattle damaging public roads, canals and embankments. 
 
12.  Fines for cattle impounded. 
 List of fines and charges for feeding. 
 
 
CHAPTER IV 
DELIVERY OR SALE OF CATTLE 
 
13.  Procedure when owner claims the cattle and pays fines and charges. 
 
14.  Procedure if cattle be not claimed within a week. 
 
15.  Delivery to owner disputing legality of the seizure but making deposits. 
 
16.  procedure when owner refuses or omits to pay the fines and expenses. 
 Deduction of fines and expenses. 
 Delivery of unsold cattle and balance of proceeds. 
 Receipt. 
 
17.  Disposal of fines, expenses and surplus proceeds of sales. 
 
18. [Repealed.] 
 
19.  Officers and pound-keepers not to purchase cattle at sale under Act. 
 Pound-keepers when not to release impounded cattle. 
 
CHAPTER V 
COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION 
 
20.  Power to make complaints. 
 
21.  Procedure on complaints. 
 
22. Compensation for illegal seizure or detention. 
Release of cattle. 
 
23.  Recovery of compensation. 
 
CHAPTER VI 
PENALTIES 
 
24.  Penalty for forcibly opposing the seizure of cattle or rescuing the same. 
 
25.  Recovery of penalty for mischief committed by causing cattle to trespass. 
 
26.  Penalty for damages caused to land or crops or public roads by pigs. 
 
27.  Penalty on pound-keeper failing to perform duties. 
 
 
Page 3 of 10 
 
28.  Application of fines recovered under sections 25, 26 or 27. 
 
CHAPTER VII 
SUITS FOR COMPENSATION 
 
29.  Saving of right to sue for compensation. 
 
30.  Set-off. 
 
CHAPTER VIII 
SUPPLEMENTAL 
 
31.  Power for Provincial Government to transfer certain functions to local authority and direct 
 credit of surplus receipts to local fund. 
 
 
SCHEDULE.—[Repealed.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 4 of 10 
 
THE CATTLE-TRESPASS ACT, 1871 
 
1ACT No. I OF 1871 
 
[13th January, 1871] 
 
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 
 
 2[1. Title and Extent:—(1) This Act may be called the Cattle-trespass Act, 1871] ; and 
 
 (2) It extends to 3[the whole of Pakistan], 4except 5* * * such local areas as the 6[Provincial 
Government], by notification in the official Gazette, may from time to time exclude from its 
operation.] 
 
 7*           *            *            *           *           *           * 
 
 2. [Repeal of Acts. References to repealed Acts.] Rep. by the Repealing Act, 1938 (I of 1938). 
 
 3. Interpretation-clause: In this Act,— 
 
 "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, 8[and 9"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 
 
 4.Establishment of pounds: Pounds shall be established at such places as the Magis trate of 
the District, subject to the general control of the 6[Provincial Government], from time to time directs.  
 
The village by which every pound is to be used shall be determined by the Magistrate of the District. 
 
 
1For Statement of Objects and Reasons, see Gazette of India, 1870, Pt. V. P. 310, for Proceedings in Council, see ibid., Supplement, pp. 1150, 1200, 
1290. and Supplement, 1871, P. 178. 
The Act, has been repealed in its application to the Province of Punjab by Punjab Act XXXIV of 1975, s. 233. 
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifica-
tions; and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to  such 
modifications as may be notified-see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) ; and applied in the 
Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499. 
2Subs. by the Cattle-trespass Act (1871) Amendment Act, 1891 (1 of 1891),s. I, for original s. 1. 
3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for" all the 
Provinces and the Capital of the Federation" which was subs. for " the whole of British India" by A. 0., 1949, Arts. 3(2) and 4. 
4This Act has been declared in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3. 
5The words" the presidency-towns and" omitted by A. 0., 1949, Sch. 
6subs. by A.O., 1937, for "L.G.". 
7Sub-scction (3) of s. 1 rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and 2nd Sch. 
8Ins. by Act 1 of 1891, s. 2. 
9Cf. definition in section 3 (28) of the General Clauses Act, 1897 (10 of 1897), which read with s. 4 (2) of that Act applies, to all Acts passed after the 
14th January, 1887. 
 
Page 5 of 10 
 
 5.Control of pounds. Rates of charge for feeding impounded cattle: The pounds shall be 
under the control of the Magistrate of the District; 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 1[The 2Provincial Government shall appoint a pound 
keeper for every pound. 
 
 Pound-keepers may hold other offices: Any pound-keeper may hold simultaneously any 
other office under the 3[Government]. 
 
 Pound-keepers to be public servants: Every pound-keeper shall be deemed to be a public 
servant within the meaning of the Pakistan Penal Code (XLV of 1860).] 
 
DUTIES OF POUND-KEEPERS 
 
 7. To keep registers and furnish returns. Every pound-keeper shall keep such registers and 
furnish such returns as the 4[Provincial Government] from time to time directs. 
 
 8. To register seizures. When cattle are brought to a pound, the pound-keeper shall enter in 
his register,— 
 
(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 seizer, and 
 
(d)  the name and residence of the owner, if known, and shall give the seizer or his 
agent a copy of the entry. 
 
 9. To take charge of and feed cattle. The pound-keeper shall take charge of, feed and water 
the cattle until they are disposed of as hereinafter directed. 
 
CHAPTER III 
IMPOUNDING CATTLE 
 
 10. Cattle damaging land. The cultivator or occupier of any land,  
 
or any person who has advance cash for the cultivation of the 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 trespassing on such land. and doing damage thereto or to 
any crop or produce thereon, and 5[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. 
 
 
 Police to aid seizures: All officers of police shall, when required, aid in preventing  (a) 
resistance to such seizures, and (b) rescues from persons making such seizures. 
 
 
1Subs. by the Suppl. A.O., 1937, for the original section 6. 
2This expression includes also such person as the Provincial Government may direct under s. 241 (1) (b) of the G. of I Act, 1935, see, the General 
Clauses ,Act, 1897, s. 4A (2). 
3Subs. by A.O., 1961, Art. 2, for "Crown" (with effect from the 23rd March. 1956). 
4Subs. by A. O. 1937, for "L.G.". 
5Subs. by the Cattle-trespass Act (1871) Amendment Act. 1891 (1 of 1891) s. 3. for "take them or cause them to be taken without unnecessary delay". 
 
Page 6 of 10 
 
 111 Cattle damaging public roads, canals and embankments. Persons in charge of public 
roads, pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers 
of police, may seize or cause to be seized any cattle doing damage to such roads, grounds, 
plantations, canals, drainage-works, embankments and the like, or the sides or slopes of such roads, 
canals, drainage-works or embankments or found straying thereon, and shall 2[send them or cause 
them to be sent within twenty-four hours] to the nearest pound. 
 
 3[12 . Fines for cattle impounded: For every head of cattle impounded as aforesaid, the 
pound-keepers shall levy a fine in accordance with the scale for the time being prescribed by the       
4[Provincial 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 
4[Provincial 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.] 
 
CHAPTER IV 
DELIVERY OR SALE OF CATTLE 
 
 13. Procedure when owner claims the cattle and pays fines and charges. If the owner of 
the impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to 
him on payment of the fines and charges incurred in respect of such 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. 
 
 14. Procedure if cattle be not claimed within a week.  If the cattle be not claimed within 
seven days from the date of their being impounded, the pound -keeper shall report the fact to the 
officer in charge of the nearest police-station, or to such other officer as the Magistrate of the District 
appoints in this behalf. 
 
 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. 
 
 
1As to the application of s. 11 to forests, see the Forest Act, 1927 (16 of 1927), s. 70; and to railways, see the Railways Act, 1890 (9 of  
1890), s. 125(4). 
2Subs. by Act 1 of 1891, s. 4, for "take them without unnecessary delay". 
3Subs. by the Cattle-trespass (Amendment) Act, 1921 (17 of 1921), s. 2, for the originals. 12. See s. 71 of the Forest Act, 1927 (16 of 1927) under 
which the Provincial Government may fix a different scale of fines for cattle impounded under s. 70 of that Act. 
4Subs. by A. O., 1937, for " L.G.". 
 
 
Page 7 of 10 
 
 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: 
 
 1Provided 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. 
 
 15. Delivery to owner disputing legality of the seizure but making deposits. If the owner 
or his agent appear and refuse 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 20, then, upon deposit of the 
fines and charges incurred in respect of the cattle, the cattle shall be delivered to him. 
 
 16. Procedure when owner refuses or omits to pay the fines and expenses. If the owner or 
his agent appear and refuse or omit to payor (in the case mentioned in section 15) to deposit the said 
fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public 
auction by such officer at such place and time, and subject to such conditions, as are referred to in 
section 14. 
 
 Deduction of fines and expenses. The fines leviable and the expenses of feeding and 
watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.  
  
 Delivery of unsold cattle and balance of proceeds. The remaining cattle and the balance of 
the purchase-money, if any, shall be delivered to the owner or his agent, together with an account 
showing___ 
 
(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. 
 
 Receipt. The owner or his agent shall give a receipt for the cattle, delivered to him and for 
the balance of the purchase-money (if any) paid to him according to such account. 
 
 17. Disposal of fines, expenses and surplus proceeds of sales. The officer by whom the sale 
was made shall send to the Magistrate of the District the fines so deducted. 
 
 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. 
 
1The proviso has been amended in its application to the Bombay Presidency, by Bom. Act 5 of 1931. 
 
Page 8 of 10 
 
 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, l[be deemed to hold them as part of the revenues of 
the Province]. 
 
 18. [Application of fines and unclaimed proceeds of sale.] Rep. by A. O., 1937. 
 
 19. Officers and pound-keepers not to purchase cattle at sale under Act. No officer of 
police or other officer or pound-keeper appointed under the provisions herein contained shall, 
directly or indirectly, purchase any cattle as a sale under this Act. 
 
 Pound-keepers when not to release impounded cattle. No pound-keeper shall release or 
deliver any impounded cattle otherwise than in accordance with the former part of this Chapter, 
unless such release or delivery is ordered by a Magistrate or Civil Court. 
 
2[CHAPTER V 
COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION 
 
 20. Power to make complaints. Any person whose cattle have been seized under this Act, 
or, having been so seized, have been detained in contravention of this Act, may, at any time within 
ten days from the date of the seizure, make a complaint3 to the Magistrate of the District or any 
Magistrate authorized to receive and try charges without reference by the Magistrate of the District. 
 
 21. Procedure on complaints. The complaint shall be made by the complainant in person, or 
by an agent personally acquainted with the circumstances. It may be either in writing or verbal. If it 
be verbal, the substance of it shall be taken down in writing by the Magistrate. 
 
 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. 
 
 22.Compensation for illegal seizure or detention. If the seizure or detention be adjudged 
illegal, the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, 
reasonable compensation, not exceeding one hundred rupees, to be paid by the person who made the 
seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in 
procuring the release of the cattle, 
 
 Release of cattle. and, 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 person who made the seizure or detained the cattle. 
 
 23. Recovery of compensation. The compensation, fines and expenses mentioned in section 
22 may be recovered as if they were fines imposed by the Magistrate4]. 
 
1Subs. by A. O., 1937, for "dispose of them as hereinafter provided". 
2Subs. for the original Ch. V by the Cattle-trespass Act (1871) Amendment Act, 1891 (1 of 1891), s. 6. 
3The term "offence" as defined by s. 4 (0) of the Code of Criminal Procedure, 1898 (5 of 1898), includes any act in respect of which  complaint may 
be made under this section. 
Offences under this section may be tried in a summary way, see Act 5 of 1898, s. 260 (1) (m). 
4See ss. 63 to 70 of the Pakistan Penal Code (45 of 1860), and s. 386 of the Code of Criminal Proce dure, 1898 (5 of 1898); c. also, s.25 of the General 
Clauses Act, 1897 (10 of 1897). 
 
 
Page 9 of 10 
 
CHAPTER VI 
PENALTIES 
 
 24. Penalty for forcibly opposing the seizure of cattle or rescuing the same. Whoever 
forcibly 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 conviction 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. 
 
 125. Recovery of penalty for mischief committed by causing cattle to trespass. Any fine 
imposed 2[under the next following section or] for the offence 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 trespassing or not, and whether they are the 
property of the person convicted of the offence, or were only in his charge when the trespass was 
committed. 
 
 26. Penalty for damages caused to land or crops or public roads by pigs. Any owner or 
keeper of pigs who, through neglect or otherwise, damages or causes or permits to be damaged any 
land, or any crop or produce of land, or any public road,3 by allowing such pigs to trespass thereon, 
shall, on conviction before a Magistrate, be punished with fine not exceeding ten rupees. 
 
 4[The 5[Provincial 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, o r to cattle of a kind described in 
the notification, instead of to pigs only, or as if the words "fifty rupees" were substituted for the 
words "ten rupees," or as if there were both such reference and such substitution.] . 
 
  6* * * * * * * 
 27. Penalty on  pound-keeper failing to perform duties. Any pound -keeper releasing or 
purchasing or delivering cattle contrary to the provisions of section 19, or omitting to pro vide any 
impounded cattle with sufficient food and water, or failing to perform any of the o ther duties 
imposed upon him by this Act, shall, over and above any other penalty to which he may be liable, be 
punished, on conviction before a Magistrate, with fine not exceeding fifty rupees. Such fines may be 
recovered by deductions from the pound-keeper's salary. 
 
 28. Application of fines recovered under sections 25, 26 or 27. All fines recovered under 
section 25, section 26 or section 27 may be appropriated in whole or in part as compensation for loss 
or damage proved to the satisfaction of the convicting Magistrate. 
 
 
1As to the application of s. 25 in the case of cattle-trespassing on a railway, see the Railways Act, 1890 (9 of 1890), s. 125 (3). 
2Ins. by the Cattle-trespass Act (1871) Amendment Act, 1891 (1 of 1891), section 7. 
3“Public Road" in section 26 includes a railway-see Act 9 of 1890, section 125 (4). 
4Ins. by the Cattle-trespass Act (1871) Amendment Act, 1891 (1 of 1891), section 8. 
5Subs. by A. O., 1937, for" L. G.". 
6Last paragraph of s. 26 rep. by the Repealing and Amending Act, 1914 (10 of 1914). 
  
 
 
 
Page 10 of 10 
 
CHAPTER VII 
SUITS FOR COMPENSATION 
 
 29. Saving of right to sue for compensation. Nothing herein contained prohibits any person 
whose crops or other produce of land have been damaged by trespass of cattle from suing for 
compensation in any competent Court. 
 
 30. Set-off. Any compensation paid to such person under this Act by order of the convicting 
Magistrate shall be set-off and deducted from any sum claimed by or awarded to him as 
compensation in such suit. 
 
1[CHAPTER VIII 
SUPPLEMENTAL 
 
 31. Power for Provincial Government to transfer certain functions to local authority 
and direct credit of surplus receipts to local fund. The 2[Provincial Government] may, from time 
to time, by notification in the official Gazette, 
 
(a)  transfer to any local authority3 within any part of the territories under its 
administration in which this Act is in operation, all or any of the functions of 
the 2[Provincial Government] or the Magistrate of the District under this Act, 
within the local area subject to the jurisdiction of the local authority, 4* * *.] 
 
 SCHEDULE.—[Rep. by the Repealing Act, 1938 (I of 1938).] 
 
 
 
___________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16-09-2024 
1Ch. VIII was added by Act 1 of 1891, s.9. 
2Subs. by A.O., 1937, for "L.G.". 
3For special enactment as to the Punjab, see the Punjab District Boards Act, 1883 (20 of 1883), s. 20, clause (n). 
4Originally there were the following words: -"or (b) direct that the whole or any part of the surplus accruing in any district under s. 18 of this Act shall 
be placed to the credit of such local fund or funds as may be formed for any local area or local areas comprised in that district, [ and may from, time to 
time, by notification in the official Gazette, cancel or vary any notification under this section]". The bracketed words were  rep.by the  Repealing and 
Amending Act, 1914 (10 of 1914) and the rest by A.O., 1937.