The Punjab Frontier Grazing Regulation 1874


THE PUNJAB FRONTIER GRAZING REGULATION, 1874.
(REGULATION NO. T OF   1874).

SECTIONS.    CONTENTS.
1.    Title.
2.    Definition of cattle.
3.    Prohibition against grazing animals unaccompanied by armed guard.
4.    Seizure of animals grazed without such guard.
5.    Fines leviable on delivery of such animals.
6.    Penalties leviable on restoration of animals carried   off through   owner's  negligence or disregard of Regulation.
7.    Procedure on  refusal  to pay  such penalties.
8.    Sale of animals not claimed and disposal of proceeds.
9.    Power to exempt certain tracts from the   operation of sections 3.4 and 5.

 

REGULATION NO.    1 OF 1874.
(THE PUNJAB FR0NTIER GRAZING REGULATION,

(Published in the Gazette of India of 21st, February       1874,
P. 114 and in the Punjab Gazette of 2tft MaWMr4, P. K5)
WHEREAS by a Resolution   passed by the   Secretary of State in Council on the 6th day of October, ! 870, the provisions ,of the thirty-third of Victoria, chapter 3, secii^A'^XVe're'1 declared appli­cable to the Districts of Bannu, Dera Ismail KhanJ . and  dera Ghazi khan.
And whereas the 2Lieutenant – Governor of the Punjab has proposed to the Governor-General in Council a draft of the following regulations; together with the reasons for proposing the same.

And whereas the Governor-General in Council has taken such draft and reasons into consideration, and has approved of such draft, and the same has received the Governor- General’s assent:

In pursuance of the direction contained in the said section, the said draft is now published in the Gazette of India, and will be published in the Local Gazette, and will thereupon have the force of law.

Title.

1.   This Regulation may be called the £iteifefc2f&isfijg Regula­tion, 1874.

Definition of cattle.

2.    In this   Regulation "cattle" includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies and mules.

Prohibition against grazing animals unaccompanied by armed guard.

3.    No cattle, sheep, asses or goats shall,  except in the  cases s provided for in section 9, be grazed to the west of the frontier raili-i. tary road in the districts  of Bannur  Dera Ismail Khant, and Dera Ghazi Khan,i without being accompanied by an armed guard of not less than the following strength namely:—

(a)   for sheep, goats and asses, where the number does not exceed one hundred, one man  for every additional hundred or part of a hundred, one man;
 (b) for cattle, where the number does not exceed one hund­red, two men ; for every additional hundred or part of a hundred, two men.


1.    The Bannu and Dera lsmial Khan tehsils of the District of Bannu and Dera Ismail Khan, respectively and the village of Naranji in the DeraGhasi Khan District now form part of the North-West Frontier Province see Gazette of India. 1901,Pt.I,p.8S7, and ibid 1902 Pt. I. P. .575.

2.    To be construed now "Governor" s««: Sec. 31 of the General Clauses Act, 1897 (X of 1897).
FRONTIER GRAZING.                                                      [1874 . Reg. 1.

Whereas in the 'Marwat District of Bannu, the Frontier military road skirts the foot of the hill-ranges in independent territory, no cattle, sheep, asses or goats, except as provided for in section 9, shall be grazed on the lands of any village which immediately adjoins the Frontier unless accompanied by an armed guard of the strength alr­eady mentioned.


4.    Any cattle, sheep, asses or goats   discovered by   the patrols3 grazing within the above-mentioned limits un-accompanied by the guard prescribed in the preceding section shall be   seized and sent to the  nearest police-station.

Seizure of animals grazed without such guard.

5. No animals taken to a police-station under the preceding; section shall be released, except on payment of the following penal-' ties in addition to all charges incurred in seizing and keeping them:

Fines leviable on delivery of such animals.

For each Camel     . .    . .   .  . 2[twelve paisa]
For each head of cattle other than each. and for each ass. .2[six paisa]
For each sheep or goat.


6. When animals which have been carried off owing to the gross negligence of the owners and their failure to comply with the requirements of this Regulation are subsequently recovered by the police or by other officers of Government, the following penalties shall be exacted on their restoration to the owners in addition to all charges incurred in recovering and keeping them:

Penalties leviable on restoration of animals carried off through owners negligence or disregard of Regulation.

For each came]                           . .                         . .            five rupees,
For each head of cattle other than c.'i.mrjs                           one rupee,
For each ass                           ..                                             ..    3[fifty paisa.]:
For each sheep or goat       ..                           ..          _         3[twelve paisa]:


7. If the owner of any animals seized or recovered under this Regulation, or his agent, appear and refuse to pay the penalties and charges incurred, the animals, or as many of them as maybe nece­ssary , shall be sold under the orders of the Deputy Commissioner to defray the said charges and penalties as nearly as may be in accor­dance with the rules prescribed for impounded cattle by section -16- of the Cattle-Trespass Act, 1871.

Procedure refusal to pay such penalties.

8. If any animals seized or recovered under this Regulation be not claimed within seven days from the date of their being so seized or recovered, they may, after proclamation of the number and descrip­tion of the animals, the place where they were seized or recovered

Sale of animals not claimed and disposal of proceeds.

1.      The Marwat Tahsil of the Distric to Bannu is part of the North- West Frontier Province, see Gazette of India, 1901, Pt I. p. 857.

2.    Subs, for the words "two annas, one anna and three pies respectively" by W. P. (Provincial Laws Amendment) Ord. XXXIV of 1960, s 4. Sech. II.
3.      Sub. for the words "eight annas and two annas respectively" by W. P. Ordinance. XXXIV of 1960, a 4, sen. II.
—1874: Reg. J.]                            FRONTIER GRAZING

and the police-station to which they have been taken, be sold under the orders of the Deputy Commissioner as nearly as may be in confor-mity with the rules prescribed for impounded cattle by section 14 of the Cattle-Trespass Act, 1871. The surplus proceeds of the sale, after deducting all penalties and charges, shall be held in deposit for three calendar months, and, if no claims thereto be preferred and established within that period, shall at its expiry be at the disposal of the provincial Government].

 

Power to exempt certain tracts from the operation of sections 4 and 5.

9.    When tracts of territory, hill and plain, on both sides of the -frontier line in the districts before mentioned, are occupied by mem­bers of the same tribe (as in the cases of the Ashtaranis in the Dera Ismail Khan, and of the Ahmadzai Waziris in Bannu), the Deputy Commissioner of the district may in his discretion accept written guarantees from the headmen of such tribes for the security of cattle, sheep, asses or goats at graze on the border, should such headmen represent that armed guards are unnecessary; and in the event of his accepting such guarantees, the tracts in question shall be exempted from the operation of sections 3,4 and 5 of this Regulation. Informa­tion of such exemptions from the operation of the said section shall be invariably conveyed to the officer commanding the militia and outposts.

 

2.   Subs, by the A. O.. 1937, for "Local Government".

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