Gujarat Village Panchayats Rules, 1998

Section 1

1. Short title. :- These rules may be called the Gujarat Village Panchayats (Cattle Pounds) Rules, 1998.

Section 2

2. Definitions. :- In these rules, unless the context otherwise requires, (a) "Act" means the Gujarat Panchayats Act, 1993. (b) "form" means a form appended to these rules. (c) "Section" means a section of the Act. (d) "Panchayat" means a village Panchayat. (e) "pound keeper" means a person appointed as the keeper of a pound under Sec. 182.

Section 3

3. Register of seizers. :- (1) The pound keeper shall maintain a register in Form A. (2) When catties are brought to a pound the pound keeper shall enter in such register (a) description of each cattle. (b) the day and hour on and at which they were 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.

Section 4

4. Other registers and returns. :- (1) The pound keeper shall maintain an account of cattle pound receipts and expenditure in Form B. (2) The pound keeper shall also maintain such other register and furnish such returns as the State Government may, from time to time, by notification in the Official Gazette direct.

Section 5

5. Taking charge and feeding cattle. :- T he pound keeper shall take charge of the cattle brought to the pound and feed and water them as and when necessary until they are delivered over to the owner under sub-sec. (1) of Sec. 185 or sold under sub-sec. (1) of Sec. 186.

Section 6

6. Levy of pound fees and charging of other expenses. :- (1) For every cattle impounded the pound keeper shall (a) levy a pound fee in accordance with the scale fixed for the time being by the State Government under sub-sec. (1) of Sec. 187, and (b) charge expenses for feeding and watering the cattle, at such rate as may be fixed by the panchayat under sub-sec. (2) of Sec. 187. (2) The pound keeper shall exhibit a list of pound fees and the expenses chargeable for feeding and watering cattle in a conspicuous part of the pound and of the village in which the pound is situated. (3) A receipt for payment of the pound fee and charges for feeding and watering cattle shall be given by the pound keeper. The pound keeper shall be given a blank receipt book in such form as may be determined by the Panchayat, with pages numbered in consecutive order, sealed and signed by the Secretary of the panchayat and containing a foil and counter foil of the blank receipt.

Section 7

7. Procedure if cattle claimed within seven days or run away or die. :- If within seven days after any cattle has been impounded to persons appearing to be the owner of such cattle offers to pay the pound fee and expenses chargeable under Sec. 187 or if any of such cattle runs away or dies while under his charge the pound keeper shall report the fact to the Sarpanch in Form C.

Section 8

8. Maintenance of account of advances. :- The pound keeper shall be given an advance not exceeding Rs. 100 by village Panchayat to meet the charges for feeding and watering impounded cattle. The pound keeper shall keep an account of such advance in a register in Form D. When a pound keeper hands over charge of his office to a successor and his successor shall jointly report to the Sarpanch about their having respective delivered over and received charge of the money received as an advance.

Section 9

9. Remittance of pound fees and the amount of security deposits. :- All pound fees and the amount of security deposit collected by the pound keeper in accordance with Rule 16 shall be retained by him in his custody and shall be remitted by him to the Secretary of the Panchayat with a duplicate memorandum in Form E showing the amount remitted on the last day of every month and also at any time during a month when the total sum so collected and retained is equal to or exceeds Rs. 250. The Secretary after crediting the amount received shall return one copy of the memorandum duly receipted to the cattle pound keeper and retain the duplicate as a copy of the receipt.

Section 10

10. Notice of auction sale. :- On receipt of a report from the pound keeper under Rule 7, the Sarpanch shall cause a notice in Form F to be affixed in the office of t h e Panchayat and at a conspicuous part of pound also at a conspicuous place in the village in which the pound is situated stating. (a) the number and description of the cattle, (b) the place where they were seized, (c) the place where they were impounded, (d) the date, time and place of the auction sale to be held and the conditions subject to which it shall be held. The Sarpanch shall also cause a proclamation of the notice to be made by beating of drum or cause the notice to be published in local Gujarati News Paper circulating in the village.

Section 11

11. Holding of auction and disposal of sale proceeds :- The auction sale shall be held on the date and at the time and place specified in the notice under Rule 10. The pound fee and the expenses chargeable under Sec. 187 shall be deducted from the proceeds of the sale and the surplus amount shall be disposed of according to Sec. 186.

Section 12

12. Impounded cattle to be made over to panjarapole or to any other institution in the case of no bid at the auction. :- If no bider shall come forward to bid at the auction, the cattle shall be made over to a near by panjarapole or to any other similar institution. The expenses incurred by the pound keeper for feeding and holding the cattle and also the fees chargeable for impounded cattle shall be borne by the village panchayat.

Section 13

13. Auction sale when not to be held. :- If at any time before the auction sale begins, the person appearing to be the owner of the cattle, pays to the Sarpanch the pound fees and expenses under Sec. 187 in respect of such cattle, the auction sale shall not be held and the cattle shall be delivered over to him.

Section 14

14. Register of cattle received for auction. :- The Secretary to the panchayat shall keep a register in Form G of the cases of the cattle received by the Sarpanch for holding auction under sub-sec. (1) of Sec. 186.

Section 15

15. Declaration of ownership required to be made under Sec. 189. :- The declaration required to be made by the owner of the impounded cattle or his agent under sub-sec. (1) of Sec. 189 shall be in Form H.

Section 16

16. The sum to be deposited by way of security under Sec. 189. :- The sum to be deposited by way of security under sub-sec. (1) of Sec. 189 shall be according to the following scales, namely:- In case of a cattle pound in a village- (a) in the event of the first seizure ten percent of the total value of the impounded cattle, and (b) in the event of every subsequent seizure in addition to the amount specified in clause (a), five per cent of that amount: Provided that if any seizure is adjudged illegal it shall be ignored for the purpose of counting its numbers.

Section 17

17. The extent of the amount of deposit which shall stand forefeited to the State Government under sub-sec. (2) of Sec. 189 .shall be as follows, namely: :- (i) 50 percent of the amount deposited under Rule 16, in the case of the first seizure of the cattle; and (ii) 100 percent of the amount deposited, in the case of the second or any subsequent seizure with in the period specified in the said sub-section: Provided that if any seizure is adjusted illegal, it shall be ignored for the purpose of counting its number.

Section 18

18. Inspection of register and accounts. :- The Sarpanch or any member of the panchayat authorised by the Sarpanch shall inspect the register and the accounts maintained by the pound keeper and shall also check the cash balance with him atleast once in every three months and shall sign in token such inspection.

Section 19

19. Repeal :- The Gujarat Panchayat (Cattle Pounds) Rules, 1963 are hereby repealed.