Cattletrespass (Bengal Amendment) Act, 1947 Complete Act - Bare Act

12th June, 1947

An Act further to amend the Cattle-trespass Act, 1871, in its application to Bengal. WHEREAS it is expedient further to amend the Cattle-trespass Act, 1871, in its application to Bengal in the manner hereinafter appearing; It is hereby enacted as follows :

Section 1 Short title

This Act may be called the Cattle-trespass (Bengal Amendment) Act, 1947.

Section 2 Application of Act

The Cattle-trespass Act, 1871, hereinafter referred to as the said Act, shall, in its application to 11. Words subs. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal], be amended in the manner provided in this Act.

Section 3 Substitution of new sections 32 and 33 for section 32 of Act 1 of 1871

For section 32 of the said Act as inserted by section 3 of the Cattle- trespass (Bengal Amendment) Act, 1934, the following sections shall be substituted, namely :

"32. Power for Magistrate of the District to appoint Chairmen of Municipalities or Presidents of Union Boards to discharge the functions of an officer under section 14.

(1) The Magistrate of the District, may appoint for the purposes of this Act, a Chairman of a Municipality constituted under the Bengal Municipal Act, 1932, or a President of a Union Board constituted under the Bengal Village Self-Government Act, 1919, to discharge the functions of an officer appointed under section 14, in respect of cattle impounded within the area included within that municipality or within the area subject to the jurisdiction of that Union Board, as the case may be :

Provided that a Chairman or President so appointed may, by general or special order, delegate to the Vice-Chairman of such municipality or the Vice-President of such Union Board, as the case may be, all or any of the functions of an officer appointed under section 14 which such Chairman or President is entitled to discharge and may at any time withdraw the same.

(2) A Chairman or President so appointed, or a Vice-Chairman or Vice- President to whom the Chairman or the President, as the case may be, may have delegated all or any of the functions referred to in sub-section (1), shall not, directly or indirectly, purchase any cattle at a sale under this Act.

33. Delegation of certain powers of the Magistrate of the District. The Magistrate of the District may, by an order in writing, dele- gate the powers specified below to any Magistrate subordinate to him :

(1) the determination of the manner of disposal of unclaimed impounded cattle under the proviso to section 14; and

(2) the settlement of claims in respect of surplus unclaimed proceeds of the sale of the cattle held in deposit under section 17.".

Section 4 Repeal of Bengal Act 5 of 1934

The Cattle-trespass (Bengal Amendment) Act, 1934, is hereby repealed.