MMCNPIT Act 291Chapter XXI · Cattle-Pounds And Other Provisions Relating To Animals
Section 291 · Penalty for allowing cattle to stray in street or to trespass upon private or public property
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(1)
Whoever, within a municipal area, allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property shall, on conviction, be punished -(i)
for the first offence, with fine which may extend to [three thousand rupees] [These words were substituted for the words 'three hundred rupees' by Maharashtra 1 of 2011, Section 47(1)(a), (w.e.f. 14-1-2011).];(ii)
for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to [five thousand rupees] [These words were substituted for the words 'five hundred rupees' by Maharashtra 1 of 2011, Section 47(1)(b), (w.e.f. 14-1-2011).], or with both.(2)
The Magistrate trying the offence under sub-section (1), may order,-(a)
that the accused shall pay such compensation not exceeding [two thousand and five hundred rupees] [These words were substituted for the words 'two hundred and fifty rupees' by Maharashtra 1 of 2011, Section 47(2), (w.e.f. 14-1-2011).] as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to the produce of land, by the cattle under the control of the accused, trespassing on his land; and also,(b)
that the cattle in respect of which an offence has been committed shall be forfeited to the State Government.(3)
Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section.(4)
An offence under this section shall be congnizable.The offence at a glance
- Maximum punishment
- 6 months
- Fine
- ₹5,000
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
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