BRANDING, SALE, AND TRANSFER OF CATTLE<br />



BRANDING, SALE, AND TRANSFER OF CATTLE
AN ORDINANCE TO MAKE PROVISION FOR THE BRANDING, SALE, AND TRANSFER OF CATTLE.

Ordinance Nos,
10 of 1898
1 of 1900
25 of 1917
4 of 1925
42 of 1942
12 of 1945
Act Nos,
22 of 1955
[28th July
, 1898
]
Short title.

1. This Ordinance may be cited as the Cattle Ordinance.

Interpretation.


[ 2, 42 of 1942.]

2. In this Ordinance, unless the context otherwise requires-


” branding district” means any area declared to be a branding district under section 6 ;


” cattle” means bulls, cows, bullocks, buffaloes, heifers, steers and calves ;

” prescribed ” means prescribed by regulation made under section 3.

Power to make regulations.

3. The Minister [1] may, from time to time make, and when made revoke or vary, such regulations as may seem necessary or expedient for the sale, removal, registration, and branding of cattle, for the prevention of cattle stealing, and for the issue of cattle vouchers.

Matters in respect of which regulations maybe made.

4. The regulations made under section 3 may provide amongst other things-

(i) for prohibiting the sale or transfer of cattle except upon a voucher as near as is material in the form A in the Schedule, certified by an officer appointed for the purpose ;

(ii) for filling the duplicate of vouchers issued by any officer appointed under the provisions of this Ordinance;

(iii) for prohibiting the removal of cattle for agricultural purposes, or for tending, milking, or grazing, or for use in a tavalam, except upon a permit in the prescribed form ;

(iv) for the issue of vouchers in the form A in the Schedule, and for the custody of registers of cattle branded;

(v) for prohibiting the alteration of or addition to, defacement, or destruction of any voucher or permit;

(vi) for prohibiting the possession by any person of any voucher or permit for the removal of cattle, unless such person have in his possession a head of cattle corresponding to such voucher or certificate of removal;

(vii) for prescribing the circumstances under which a voucher or permit may be dispensed with ;

(viii) for prescribing the additional facts to be inserted in a permit when a head of cattle is removed to be tended for share ;

(ix) for prescribing the circumstances under which an owner of cattle not holding a voucher may obtain a voucher after proof of title ;


[ 4, 42 of 1942.]

(x) for the fixing, by the prescribed authority and in the prescribed manner, of the place or places in each branding district where cattle of such a district shall be brought to be branded ;


[ 4, 42 of 1942.]

(xi) for the fixing, by the prescribed authority and in the prescribed manner, of the days in each quarter of the year in which cattle may be branded in each branding district;

(xii) for prohibiting the branding of cattle in any branding district except at the place or places and on the days fixed for the branding of cattle in such district;

(xiii) for requiring notice of such places and dates being given in such district;

(xiv) for compelling owners of cattle within such district to produce all unbranded cattle which by the regulations are required to be branded, and which are above the age of eighteen months, at the places and on the dates fixed for the branding of cattle ;

(xv) for requiring the presence of each village headman within a branding district at the place fixed for the branding of the cattle of his village on each of the days fixed for
branding ;

(xvi) for prohibiting the branding of cattle from any village except in the presence of the headman of such village ;

(xvii) for prohibiting the branding of cattle owned by the headman of any village except in the presence of a headman of an adjoining village ;

(xviii) for directing the officer authorized to brand cattle to satisfy himself before branding a calf that such calf is the produce of the dam produced;

(xix) for compelling each branding officer to keep a register as near as is material in the form B in the Schedule hereto of all cattle branded by him, and to insert in such register a description of each animal branded;

(xx) for prohibiting the altering, defacing, or adding to of any brand, or the rebranding of any head of cattle, without the special permission in writing of the President of the Rural Court or the Magistrate having jurisdiction over the place where the animal is kept;

(xxi) for prescribing the circumstances under which branding by caste marks and for sickness may be effected, and for prohibiting branding merely for ornamental purposes ;

(xxii) for authorizing and requiring the seizure by the police and headmen, and the production before the President of the Rural Court, or if there is no Rural Court before the Magistrate, of all stray cattle, cattle not branded in conformity with the regulations, cattle for which proper vouchers or permits for removal cannot be produced, or cattle bearing altered or defaced brands, and for authorizing the sale of such cattle when there is no claimant, or when the President of the Rural Court or Magistrate is not satisfied that they are the lawful property of the claimant;

(xxiii) for the transmission of the duplicates of cattle
vouchers and permits for removal, and of the registers of cattle branded, to the Government Agent of the administrative district in which the vouchers, permits for removal, or registers were written;

(xxiv) for prohibiting the possession by any unauthorized person of brands similar to those used for communal branding;


[ 4, 42 of 1942.]

(xxv) for fixing the fees to be paid for the branding of cattle, the issue of vouchers for the registering of cattle, and the issue of a copy of an entry in a branding register ;

(xxvi) for the appointment of officers to carry out the provisions of this Ordinance ; and


[ 4, 42 of 1942.]

(xxvii) for prescribing the area within which any regulation made under this Ordinance shall be in force ;


Approval and ratification of regulations.


[ 5, 42 of 1942.]

5. No regulation made under section 3 shall have effect until it has been approved by the Senate and the House of Representatives[1] and notification of such approval is published in the Gazette. Every regulation shall upon notification of such approval be as valid and effectual as if it were herein enacted.

Branding districts and communal brandmarks.


[ 6, 42 of 1942.]

6. The Minister[1] may, from time to time by Notification published in the Gazette, declare any area to be a branding district for the purpose of branding cattle and fix a communal brandmark for each such district.


Exemption from regulations relating to branding.


[ 7, 42 of 1942]

7. The Minister[1] may, from time to time by Notification published in the Gazette, exclude any particular description of cattle from the operation of any one or more of such regulations relating to the
branding of cattle :


Provided that if and whenever the owner of such cattle desires to brand them or any of them, such cattle shall only be branded in accordance with the regulations in force in the area within which such cattle are kept.


Penalty for unlawful possession of cattle without voucher or permit.

8. Any person having in his possession, without a voucher or permit for removal, cattle for the possession of which a voucher or permit for removal is rendered necessary by the regulations made under section 4, shall, unless he satisfy the Magistrate that he is lawfully entitled to the possession of such cattle (the burden of proving which shall be upon such person), be guilty of an offence, and liable on conviction to a fine not exceeding fifty rupees, and in default of payment to imprisonment, rigorous or simple, for any period not exceeding three calendar months.

Other
offences.

9. If any person without lawful authority or excuse (proof whereof shall He on him) contravenes any regulation made under this Ordinance, or does or omits to do anything which under the provisions of this Ordinance or of any regulations made thereunder he ought not to do or omit; or if he obstructs or impedes or assists in obstructing or impeding any officer appointed under this Ordinance to brand or register cattle, or any headman or police officer in the execution of any provision of this Ordinance or of any regulation made thereunder, he shall be guilty of an offence against this Ordinance, and shall be liable to a fine not exceeding twenty rupees, or to imprisonment, rigorous or simple, for a period not exceeding fourteen days.


Every prosecution for an offence under this section may be prosecuted before the Rural Court or Magistrate’s Court having territorial jurisdiction to entertain the same.


Schedules

Chapter 473, Volume No. 12 Page No.1082.