{ "schema_version": "qanun-law-text/1", "id": "punjab-code-a28863c6d3478f79", "title": "CATTLE TRESPASS ACT, 1871", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VWNVYVZpBTE-", "version": null, "source_snapshot": "2026-08-06T16:19:14Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "00f5a71ad7b8d9cc9bf30e0b90ab477e3241f23545328e767f04a4c2950d288c", "source_sha256": "00f5a71ad7b8d9cc9bf30e0b90ab477e3241f23545328e767f04a4c2950d288c", "text_version_id": "law:punjab-code-a28863c6d3478f79:sha256:00f5a71ad7b8d9cc9bf30e0b90ab477e3241f23545328e767f04a4c2950d288c", "quality_flags": [], "encoding": "UTF-8", "text": "THE CATTLE – TRESPASS ACT, 1871 \r\n(I of 1871) \r\nCONTENTS \r\n1. Title and extent \r\n2. Repealed \r\n3. Interpretation – clauses \r\n4. Establishment of pounds \r\n5. Control of pounds, rates of charge for feeding impounded cattle \r\n6. Appointment of pound – keeper \r\n7. Duties of pound - keepers \r\n8. To register seizures \r\n9. To take charge of and feed cattle \r\n10. Cattle damaging land \r\n11. Cattle damaging public roads, canals and embankments \r\n12. Fines for cattle impounded \r\n13. Procedure when owner claims the cattle and pays fine and charges \r\n14. Procedure if cattle be not claimed within a weak \r\n15. Delivery to owner disputing legality of seizure but making deposit \r\n16. Procedure when owner refuses or omits to pay the fines and expenses \r\n17. Disposal of fines, expenses and surplus proceeds of sales \r\n18. Repealed \r\n19. Officers and pound-keepers not to purchase cattle at sale under act \r\n20. Power to make complaints \r\n21. Procedure on complaint \r\n22. Compensation for illegal seizure or detention \r\n23. Recovery of compensation \r\n24. Penalty for forcibly opposing the seizure of cattle or rescuring the same \r\n25. Recovery of penalty for mischief committed by causing cattle to \r\ntrespass \r\n26. Penalty for damage caused to land or crops or public roads by pigs \r\n27. Penalty on pound-keeper failing to perform duties \r\n28. Application of fines recovered under section 25,26 or 27. \r\n29. Saving or right to sue for compensation \r\n30. Set-off \r\n31. Power for provincial government to transfer certain functions to local \r\nauthority and direct credit of surplus receipts to local fund \r\n \r\nTEXT \r\nTHE CATTLE – TRESPASS ACT, 1871 \r\n(I of 1871) \r\n[13th January, 1871] \r\nAn \r\nAct \r\nto consolidate and amend the law Relating to trespasses by cattle \r\nPreamble.– WHEREAS it is expedient to consolidate and amend the law relating to \r\ntrespasses by cattle; It is hereby enacted as follows:– \r\nCHAPTER-I \r\nPRELIMINARY \r\n1\r\n1. Title and extent .– (1) This Act may be called the Cattle - trespass Act, 1871; \r\nand \r\n (2) It extends to\r\n2\r\n all the Provinces and the \r\n3\r\nCapital of the Federation except \r\n4\r\nsuch loc al areas as the \r\n5\r\nProvincial Government, by notification in the Official \r\nGazette, may from time to time exclude from its operation. \r\n \r\n6\r\n[(3) * * * * * * * * * * * ] \r\n2. (Repealed).– (By repealing Act-I of 1938) \r\n3. Interpretation – Clauses.– In this Act, \r\n “Officer of police” includes also village-watchmen and \r\n “cattle” includes also elephants, camels, buffaloes, horses, mares, geldings, \r\nponies, colts, fillies, mules, asses, pigs rams, ewes, sheep, lambs, goats and \r\nkids, and \r\n “local authority” means anybody of persons for the time being invested by law \r\nwith the control and administration of any matters within a specified local area, \r\n \r\n7\r\n“local fund” means any fund under the control or management of a local \r\nauthority. \r\n \r\n1Subs. By Cattle-Trespass Act (1971) (Amendment) Act, 1891 (I of 1891) \r\n2Subs by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), S. 3 and 2 nd Sch. (with effect from the 14th October, \r\n1955) for all the Provinces and the Capital of the Federation” which subs. For “the whole of British India” by A.O. 1949, Ar ts. 3 \r\n92) & 4. \r\n3This Act has been declared in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913). \r\n4The words “the Presidency-towns and” omitted by A.O. 1949, Sch. \r\n5Subs. By A.O. 1937 for “Local Government”. \r\n6Sub-section (3) repealed by the Repealing and Amending Act, 1914 (10 of 1914). \r\n7Ins. By Act I of 1891, S.2. \r\nCHAPTER-II \r\nPOUNDS AND POUND KEEPERS \r\n4. Establishment of pounds .– Pounds shall be established at such places as \r\nthe Magistrate of the District, subject to the general control of the Provincial \r\nGovernment, from time to time directs. The village by which every pound is to be \r\nused shall be determined by the Magistrate of the District. \r\n5. Control of pounds; Rates of charge for feeding impounded cattle .– The \r\npounds shall be under the control of the Magistrate of the District; and he shall fix, \r\nand may from time to time alter, the rates of charge for feeding and watering \r\nimpounded cattle. \r\n6. Appointment of pound – keeper.– The Provincial Government shall appoint \r\na pound-keeper for every pound. \r\nPOUND – KEEPER MAY HOLD OTHER OFFICES \r\nAny pound – keeper may hold simultaneously any other office under the Crown. \r\nPOUND – KEEPERS TO BE PUBLIC SERVANTS \r\nEvery pound keeper shall be deemed to be a public servant within the meaning of \r\nthe Pakistan Penal Code. \r\n7. DUTIES OF POUND – KEEPERS:– \r\nTo keep registers and furnish returns \r\nEvery pound -keeper shall keep such registers a nd furnish such returns as the \r\nProvincial Government from time to time directs. \r\n8. To register seizures .– When cattle are brought to a pound, the pound -\r\nkeeper shall enter in his register– \r\n(a) The number and description of the animal, \r\n(b) The day and hour on and at which they were so brought, \r\n(c) The name and residence of the seizer, and \r\n(d) The name and residence of the owner, if known, and shall give the \r\nseizer or his agent a copy of the entry. \r\n9. To take charge of and feed cattle .– The pound-keeper shall take charge of, \r\nfeed and water the cattle until they are disposed of as hereinafter directed. \r\nCHAPTER-III \r\nIMPOUNDING CATTLE \r\n10. Cattle damaging land.– The cultivator or occupier of any land, or any person \r\nwho has advanced cash for the cultivation of the cr op or produce of any land, or the \r\nvendee or mortgagee of such crop or produce of any part thereof may seize or cause \r\nto be seized any cattle trespassing on such land, and doing damage thereto or to \r\nany crop or produce thereon, and send them or cause them t o be sent within twenty-\r\nfour hours to the pound established for the village in which the land is situated. \r\nPolice to aid seizures:– \r\nAll officers of police shall, when required, aid in preventing \r\n (a) Resistance to such seizures, and \r\n (b) Rescues from persons making such seizures. \r\n11. Cattle damaging public roads, canals and embankments .– Persons in \r\ncharge of public roads, pleasure -grounds, plantation canals, drainage -works, \r\nembankments and the like and officers of police, may seize, or cause to be seized \r\nany cattle doing damage to such roads, grounds, plantations, canals, drainage -\r\nworks, embankments and the like, or the sides or slopes of such roads, canals, \r\ndrainage-works embankments or found straying thereon. \r\nAnd shall send them or cause them to be sent wi thin twenty- four hours to the \r\nnearest pound. \r\n8\r\n12. Fines for cattle impounded .– For every head of cattle impounded as \r\naforesaid, the pound -keeper shall levy a fine in accordance with the scale for the \r\ntime being prescribed by the Provincial Government in t his behalf by notification in \r\nthe Official Gazette, Different scales may be prescribed for different local areas, \r\nAll fines so levied shall be sent to the Magistrate of the District through such \r\nofficer as the Provincial Government may direct. \r\nLIST OF FINES AND CHAGES FOR FEEDING \r\nA list of the fines and of the rates of charge for feeding and watering cattle \r\nshall be posted in a conspicuous place on or near to every pound. \r\nCHAPTER-IV \r\nDELIVERY OR SALE OF CATTLE \r\n13. Procedure when owner claims the cattle and p ays fine and charges .– If \r\nthe owner of the impounded cattle or his agent appears and claims the cattle, the \r\npound-keeper shall deliver them to him on payment of the fines and charges incurred \r\nin respect of such cattle. \r\n The owner or his agent, on taking ba ck the cattle – shall sign a receipt for \r\nthem in the register kept by the pound-keeper. \r\n14. Procedure if cattle be not claimed within a week .– If the cattle be not \r\nclaimed within seven days form the date of their being impounded, the pound -keeper \r\nshall report the fact to the officer -in-charge of the nearest police -station, or to such \r\nother officer as the Magistrate of the District appoints in this behalf. Such officer shall \r\nthereupon stick up in a conspicuous part of his office a notice stating:– \r\n (a) The number and description of the cattle. \r\n \r\n8Subs. By the Cattle-trespass (amendment) Act, 1921, (17 of 1921) S 2 for the original S. 12. Reference may be made to s. 71 \r\nof the Forest Act, 1927 (16 of 1927) und er which the Provincial government may fix a different scale of fines for cattle \r\nimpounded under section 70 of that Act. \r\n (b) The place where they were seized. \r\n (c) The place where they are impounded. \r\nAnd shall cause proclamation of the same to be made by beat of drum in the \r\nvillage and at the market place nearest to the place of seizure. If the cattle be not \r\nclaimed within seven days from the date of the notice they shall be sold by public \r\nauction by the said officer, or an officer of his establishment deputed for that \r\npurpose, at such place time and subject to such conditions as the Magi strate of the \r\nDistrict by general or special order from time to time directs: \r\nProvided that, if any such cattle are, in the opinion of the Magistrate of the \r\nDistrict, not likely to fetch a fair, price if sold as aforesaid, they may be disposed of in \r\nsuch manner as he thinks fit \r\n15. Delivery to owner disputing legality of seizure but making deposit.– If the \r\nowner or his agent appears and refuses to pay the said fines and expenses, on the \r\nground that the seizure was illegal and that the owner is about to make a complaint \r\nunder section 20, then upon deposit of the fines and charges incurred in respect of \r\nthe cattle, the cattle shall be delivered to him. \r\n16. Procedure when owner refuses or omits to pay the fines and expenses .– \r\nIf the owner or his agent appears and refuses or omits to pay or (in the case \r\nmentioned in section 15) to deposit the said fines and expenses, the cattle, or as \r\nmany of them as may be necessary, shall be sold by public auction by such officer at \r\nsuch place and time, and subject to such conditions, as are referred to in section 14. \r\nDEDUCTION OF FINES AND EXPENSES \r\nThe fines leviable and the expenses of feeding and watering, together with the \r\nexpenses of sale, if any, shall be deducted from the proceeds of the sale. \r\nDELIVERY OF UNSOLD CATTLE AND BALANCE OF PROCEEDS \r\nThe remaining cattle and the balance of the purchase -money, if any , shall be \r\ndelivered to the owner or his agent, together with an account showing.– \r\n (a) The number of cattle seized, \r\n (b) The time during which they have been impounded. \r\n (c) The amount of fines and charges incurred, \r\n (d) The number of cattle sold. \r\n (e) The proceeds of sale, and \r\n (f) The manner in which those proceeds have been disposed of. \r\n The owner or his agent shall give a receipt for the cattle delivered to him an d \r\nfor the balance of the purchase money (if any) paid to him according to such \r\naccount. \r\n17. Disposal of fines, expenses and surplus proceeds of sales .– The Officer \r\nby whom the sale was made shall send to the Magistrate of the District the fines so \r\ndeducted. \r\nThe charges for feeding and watering deducted under section 16 shall be paid \r\nover to the pound-keeper, who shall also retain and appropriate all sums received by \r\nhim on account of such charges under section 13. The surplus unclaimed proceeds \r\nof the sale of cattle shall be sent to the Magistrate of the District, who shall hold them \r\nin deposit for three months, and, if no claim thereto be preferred and established \r\nwithin that period, shall, at its expiry, be deemed to hold them as part of revenues of \r\nthe Province. \r\n18. (Repealed).– (By A.O.1937) \r\n19. Officers and pound -keepers not to purchase cattle at sale under Act .– \r\nNo officer of police or other officer or pound -keeper appointed under the provisions \r\nherein contained shall, directly or indirectly, purchase any cattle as a sale under this \r\nAct. \r\nPOUND-KEEPERS WHEN NOT TO RELEASE IMPOUNDED CATTLE \r\nNo pound -keeper shall release or delivery any impounded cattle otherwise \r\nthan in accordance with the former part of this Chapter, unless such release or \r\ndelivery is ordered by a Magistrate or Civil Court. \r\nCHAPTER-V\r\n9 \r\nCOMPLAINTS OF ILLEGAL SEIZURE OR DETENTIOIN \r\n20. Power to make complaints .– Any person whose cattle have been seized \r\nunder this Act, or having been so seized, have been detained in contravention of this \r\nAct, may, at any time within ten days from the date of the seizure, make a complaint \r\nto the Magistrate of the District or any Magistrate authorized to receive and try \r\ncharges without reference by the Magistrate of the District. \r\n21. Procedure on complaint.– The complaint shall be made by the complainant \r\nin person, or by an agent personally acquainted with the circumstances. It may be \r\neither in writing or verbal. If it be verbal, the substance of it shall be taken down in \r\nwriting by the Magistrate. \r\nIf the Magistr ate, on examining the complainant or his agent, sees reason to \r\nbelieve the complaint to be well founded he shall summon the person complained \r\nagainst, and make an enquiry into the case. \r\n22. Compensation for illegal seizure or detention .– If the seizure or detention \r\nbe adjudged illegal, the Magistrate shall award to the complainant, for the loss \r\ncaused by the seizure or detention, reasonable compensation, not exceeding one \r\nhundred rupees, to be paid by the person who made the seizure or detained the \r\ncattle t ogether with all fines paid and expenses incurred by the complainant in \r\nprocuring the release of the cattle, \r\nRELEASE OF CATTLE \r\nAnd, if the cattle have not been released. The Magistrate shall, besides \r\nawarding such compensation, order their release and dir ect that the fines and \r\n \r\n9Chapter V is in the form as substituted by Act I of 1891. \r\nexpenses leviable under this Act shall be paid by the person whom made the seizure \r\nor detained the cattle \r\n23. Recovery of compensation .– The compensation, fines and expenses \r\nmentioned in section 22 may be recovered as if they were fi nes imposed by the \r\nMagistrate. \r\nCHAPTER-VI \r\nPENALTIES \r\n24. Penalty for forcibly opposing the seizure of cattle or rescoring the \r\nsame.– Whoever forcibly opposes the seizure of cattle liable to be seized under this \r\nAct, and whoever rescuers the same after seizu re, either from a pound or form any \r\nperson taking or about to take them to a pound, such person being near at hand and \r\nacting under the powers conferred by this Act. Shall, on conviction before a \r\nMagistrate, be punished with imprisonment for a period not exceeding six months, or \r\nwith fine not exceeding five hundred rupees, or with both. \r\n25. Recovery of penalty for mischief committed by causing cattle to \r\ntrespass.– Any fine imposed under the next following section or for the offence of \r\nmischief by causing cattle to trespass on any land may be recovered by sale of all or \r\nany of the cattle by which the trespass was committed. Whether they were seized in \r\nthe act or trespassing or not, and whether they are the property of the person \r\nconvicted of the offence, or were only in his charge when the trespass was \r\ncommitted. \r\n26. Penalty for damage caused to land or crops or public roads by pigs .– \r\n10\r\n[Any owner or keeper of pigs who, through neglect or otherwise damages or causes \r\nor permits to be damaged any land, or any crop or produce of land, or any public \r\nroad, by allowing such pigs to trespass thereon, shall , on conviction before a \r\nMagistrate, be punished with fine not exceeding ten rupees. The Provincial \r\nGovernment, by notification in the Official Gazette, may fro m time to time, with \r\nrespect to any local area specified in the notification, direct that the foregoing portion \r\nof this section shall be read as if it had reference to cattle generally, or to cattle of a \r\nkind described in the notification, instead of to pi gs only, or as if the words “fifty \r\nrupees” were substituted for the words “ten rupees” or as if there were both such \r\nreference and such substitution.] \r\n27. Penalty on pound -keeper failing to perform duties .– Any pound -keeper \r\nreleasing or purchasing or deliv ering cattle contrary to the provisions of section 19, \r\nor omitting to provide any impounded cattle with sufficient food and water, or failing \r\nto perform any of the other duties imposed upon him by this Act, shall, over and \r\nabove any other penalty to which he may be liable, be punished, on conviction \r\nbefore a Magistrate, with fine not exceeding fifty rupees. Such fines may be \r\nrecovered by deductions from the pound-keeper’s salary. \r\n28. Application of fines recovered under section 25, 26 or 27 .– All fines \r\nrecovered under section 25, section 26, or section 27 may be appropriated in whole \r\n \r\n10Ins, by Act I of 1891. \r\nor in part as compensation for loss or damage proved to the satisfaction of the \r\nconvicting Magistrate. \r\nCHAPTER-VII \r\nSUITS FOR COMPENSATION \r\n29. Saving or right to sue for compensa tion.– Nothing herein contained \r\nprohibits any person whose crops or other produce or land have been damaged by \r\ntrespass of cattle from suing for compensation in any competent Court. \r\n30. Set-Off.– Any compensation paid to such person under this Act by order of \r\nthe convicting Magistrate shall be set -off and deducted from any sum claimed by or \r\nawarded to him as compensation in such suit. \r\nCHAPTER-VIII\r\n11 \r\nSUPPLEMENTAL \r\n31. Power for Provincial Government to transfer certain functions to local \r\nauthority and direct c redit of surplus receipts to local fund .– The Provincial \r\nGovernment may, from time to time, by notification in the Official Gazette.– \r\n(a) Transfer to any local authority within any part of the territories under its \r\nadministration in which this Act is in op eration, all or any of the \r\nfunctions of the Provincial Government or the Magistrate of the District \r\nunder this Act, within the local area subject to the jurisdiction of the \r\nlocal authority. \r\n \r\n11New chapter VIII added by Act I of 1891, S.9", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-a28863c6d3478f79:sha256:00f5a71ad7b8d9cc9bf30e0b90ab477e3241f23545328e767f04a4c2950d288c:chars-0-1760:bc16a04760689cb5d362aa3c9266d0bef8904f833affc0c100fd9bfe8ab5093a", "character_start": 0, "character_end": 1760, "utf8_byte_start": 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