Rajasthan Panchayati Raj Rules 1996 (Chapter 8 Cattle Pounds)

115. Appointment and duties of pound keeper. – (1) A pound keeper may be separately appointed by the Panchayat or his duties may be entrusted to any contractor appointed through open auction. It shall be the duty of the pound keeper: –

(a) to maintain the following records to the pounds: –

(i) cattle pound register in Form No. XV;

(ii) receipt book showing particulars of the impounded cattle in Form No. XVI.

(iii) passbooks showing delivery of the cattle impounded in Form No. XVII and XVIII, and

(iv) account of charges to be paid by the owner of the cattle in Form No. XIX and sale proceeds;

(b) to prepare such statements as may be directed from time to time by the panchayat; and

(c) to keep the cattle impounded safe and arrange for protection from heat, cold, and rain and also to feed them.

(2) All expenses relating to the pound and feeding and watering the impounded cattle shall be charged to the Panchayat Fund and all incomes therefrom shall be deposited into it.

116. Persons who can seize cattle. – Any of the following persons may seize or cause to be seized any cattle and bring or cause to be brought the cattle within twenty-four hours to the pound established for the purpose: –

(a) the cultivator or occupier of any land which the cattle has trespassed over and has caused damage to or any crop or produce therein;

(b) the person who has an advanced cost for the cultivation of the crop or produce on any land which the cattle has trespassed over and has caused damage to;

(c) the vendee or mortgagee of such crop or product or any part thereof or the land which the cattle has trespassed over and caused the damage;

(d) the buyer of such crop or product or any part thereof or the land which the cattle has trespassed over and has caused damage to;

(e) the person in charge of public roads, playgrounds, plantations, canals, drainage work, embankments, and the like, to any public servant who finds the cattle causing damage to such roads, grounds, plantations, canals, embankments, and the like or the sides or slopes of such roads, canals, drainage works, embankments or found straying thereon;

(f) a person appointed on behalf of the persons mentioned in Clauses (a) to (b) watch such land; and

(g) the chowkidar and any public servant who finds the cattle straying.

117. Rates of feeding etc. and fines to be exhibited. – A list of fines and of the rates of charges for feeding and watering shall be posted in a conspicuous place on or near the pound.

118. Entry of the cattle in the register. – When cattle are brought to a pound, the pound keeper shall enter in a register in Form XV: –

(a) the number and description of the cattle;

(b) the day and hour on and at which they were brought;

(c) the name and residence of the seizer;

(d) the name and residence of the owner of the cattle if known; and

(e) marks of identification of the cattle such as color, horn, tail, hair, etc.

119. Receipt of the cattle to be given. – (1) After impounding the cattle so brought, the pound keeper shall prepare a register in duplicate and shall give the seizer or his agent a copy of such receipt and obtain his signature or thumb mark, as the case may be, on the counterfoil of the receipt book in token of its acknowledgment. A description of each cattle show is noted in the register provided for the purpose.

(2) In case the name of the owner of the cattle is known, the pound keeper may arrange to inform him if convenient.

120. Hours during which cattle may impound. – Cattle may be impounded at any time during the day and up to 10 p.m. in the night subject to the condition that the seizer of the cattle while impounding them, in his presence, shall obtain a receipt of such cattle from the pound keeper.

121. Panchayat to fix hours of feeding and watering cattle. – The Panchayat shall fix up the hours of feeding and watering the cattle and only a fine shall be recoverable in case of those cattle which were neither fed nor watered.

122. Arrangements for watering the cattle. – Panchayat shall make proper arrangements for vessels for watering the cattle impounded.

Explanation. -This arrangement shall be in addition to the arrangement which the Panchayat may make for taking the cattle for watering at the appointed time.

123. Delivery of the cattle to the owner. – (1) If the owner of the cattle or his agent appears within 3 days and claims the cattle, the pound keeper shall deliver to him the cattle, on payment of the fines and charges as fixed by Panchayat in respect of such cattle.

(2) The owner of the cattle or his agent on taking back the cattle shall sign in token of receipt of the cattle in the register prescribed for the purpose.

124. Release of cattle on the ground of wrongful seizure. – If the owner or his agent appears and refuses to pay the said fines and expenses, on the ground that the seizure was illegal and the owner is about to make a complaint, then on deposit of fines and charges if any incurred in respect of the cattle, the cattle shall be delivered to him.

125. Sale on failure to pay lines etc. – If the owner or his agent appears and refuses or fails to pay or deposit the said fines and charges, the cattle be sold by public auction by the Panchayat after giving a notice of five days. The fines liable and expenses of feeding and watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale. 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: –

(i) the number of cattle seized;

(ii) the time during which they have been impounded;

(iii) the number of fines and charges incurred;

(iv) how the proceeds have been disposed of.

Note. – 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. If the owner of the cattle or his agent refuses to pay or deposit the fines and expenses incurred in respect of the cattle, then a written report may be obtained, if possible, from him.

126. Receipt for recovery of fines etc. – If the cattle are released, the owner of the cattle or his agent shall be given one of the duplicate copies of the receipt in Form No. XVII and his signature obtained in the register in token of his having paid the fines or charges if any, incurred on the cattle, below the receipt. After adding the amount of the receipt to the amount of the last receipt the total shall be written in place of the total money received. This total shall be progressively increased which shall only be written when both the foils of the receipt are prepared.

127. Receipt to be given to the buyer. – If the cattle are auctioned the buyer shall be given a receipt in Form No. XIX duly signed by the Sarpanch of the Panchayat.

128. Unclaimed cattle. – If the cattle be not claimed within three days from the date of their being impounded, the pound keeper shall enter the fact in the register in Form No. XV and make a report to the Panchayat.

129. Poundkeeper’s report regarding unclaimed cattle. – In the report which the pound keeper shall make by Rule 128, he shall enter the details of expenses of feeding and other expenses, if any.

130. Disposal of cattle not released within 3 days. – On receiving a report about the cattle not being released within 3 days, the following action shall be taken after opening a file thereof: –

(a) The Panchayat shall give notice to the effect that any person who may have an objection to the auction of the cattle concerned, should prove it and that no objection shall be entertained after the expiry of the period as may be specified (which shall not be less than 30 days) in such notice. In the notice, the following particulars necessarily are stated: –

(i) the number & description of the cattle;

(ii) the place where they were seized; and

(iii) the place where they are impounded.

Note. – Such notice shall be published in the village nearest to the place of seizure.

(b) While publishing the notice, the Panchayat shall simultaneously and conditionally auction such cattle and the auction money realized shall be deposited in a suspense account. The following shall be the condition of the auction of the cattle: –

(i) the buyer of the cattle shall not transfer the ownership of cattle within 30 days in case no objection is filed, and by the final decision of such an objection, if filed, and

(ii) he shall also return the cattle to the Panchayat on payment of the auction money and the expenses of feeding the cattle :

Provided that if the Panchayat is unable to effect the sale of the impounded cattle by public auction either for want of the bidder or on account of the auction sale not fetching a full price of the cattle, the Panchayat may send the cattle to the neighboring Panchayat or cattle fair in-charge for sale and the latter shall conduct the auction sale proceedings in respect of such cattle and shall remit the sale proceeds to the former after deduction the expenses of sale proceedings.

Note. – The auction will be held for three days but no such period of three days shall be necessary if the auction fetches the full price of the cattle earlier.

(c) If any objection is filed by any person during the period of notice, the Panchayat shall require him to prove his ownership of the cattle. The Panchayat shall order the return of the cattle to the person who filed the objection if he proves them to be his own.

Explanation. – During the period of proceedings if the Panchayat is satisfied that the cattle area of the person filing the objection and that no further action is necessary then the Panchayat, with a view that the expenses of feeding and watering may not unnecessarily increase, may if it thinks proper, deliver the cattle to such person on production of adequate security.

(d) In case of delivery of the cattle to the person filing the objection, the fine and expenses of feeding shall be recovered from him. The fine and expenses of the period the cattle remained in the pound shall be deposited in the account of the cattle pound and out of the expenses of feeding, the Panchayat shall pay such feeding charges as it thinks fit up to the day of the conditional auction. The balance, if any, shall be carried to the funds of the Panchayat.

(e) In case no objection is received from any person or the cattle could not be proved of the person who filed the objection, the Panchayat, while ordering the auction of the cattle, shall deposit the fine and expenses of feeding the cattle into the account of the cattle pound and the balance, if any, of the auction money shall be carried to the funds of the Panchayat

Provided that the conditional auction shall be final only after the final decision of the appeal made against the decision of the Panchayat.

131. Inspection of Cattle Pound. – The cattle pound shall be open to inspection by any officers of the Rural Development and Panchayati Raj Department. At the time of inspection, the inspecting officer shall examine the total of columns in the register and shall see that the progressive totals in the receipt are accurately posted and that they tally with the amounts deposited in the Panchayat Fund. They shall also examine and count the cash, if any, with the Pound Keeper.

132. The scale of feeding and watering charges and rates of time. – The following shall be the scale of
charges for feeding and watering:-

S.No. Cattle Rates of fine Feeding charges per se

1. Elephant Rs. 50/- Rs. 150/-

2. Camel Rs. 50/- Rs. 50/-

3. Horse Rs. 50/- Rs. 50/-

4. Buffalo Rs. 25/- Rs. 25/-

5. Cow and Bullock Rs. 25/- Rs. 25/-

6. Donkey Rs. 10/- Rs. 10/-

7. Calf Rs. 10/- Rs. 10/-

8. Goat Rs. 10/- Rs. 10/-

9. Sheep Rs. 10/- Rs. 10/-

10. Others Rs. 10/- Rs. 10/-

Note – (1) Cattle should include female cattle, where it is mentioned.

(2) In case of cattle left for grazing by the owners intentionally during the night, a fine shall be charged at double the rate. The incentive of Rs. 20/- may be paid out of the fine to the person as an incentive for bringing such cattle.

133. Advance to the pound keeper. – A Panchayat shall advance an amount up to Rs. 100/- to the pound keeper for purposes of management who shall make the necessary arrangement under the supervision of the Panchayat for the feeding and watering of the cattle impounded. Every pound keeper who receives advance money shall have to give in writing a receipt to the effect that the money is due from him and he shall render its account such receipt shall be kept on the safe file of the Panchayat. Any balance of such an advance, if due, from the Pound Keeper at the close of the financial year shall be shown in the monthly account of March every year. The advance which may be given to the Pound Keeper shall be part of the Panchayat Fund:

Provided that the daily income of the cattle pound shall be deposited by the Pound Keeper on the next day with the Panchayat.

134. Prohibition as to the bidding in the auction. – No member of the Panchayat or employee thereof shall offer his bid in the auction.

135. Provisions where the ownership of cattle is in dispute in a Court of Law. – In the case where the ownership of the impounded cattle is in dispute in a Court of law or otherwise. The Court may direct that the cattle shall be kept in the cattle pound of the Panchayat for a period to be specified in that order and that the approximate charges on account of the feeding of the cattle etc., shall be deposited in advance by the party concerned:

Provided that if this party does not pay in advance the sum fixed by the Panchayat under this rule or there is no such party to pay the aforesaid sum, the Court may pass the appropriate order as it thinks fit.