Cattle Grazing And Pounds Ordinance Cap21 Vol I

In this Ordinance the term “cattle” shall include buffaloes but not horses, ponies, goats or sheep, and the term “animal” shall include goats, sheep, pigs, horses, ponies, mules and asses;

“Collector” and “President” shall have the same meaning as in the Land Ordinance

[Cap. 68.] and the Local Government Ordinance, 1961 [Ord. 11/1961.] respectively.

Cattle only to be led or driven along roads, etc., with District Officer’s or the

President’s permission and to be controlled.

The owner or person in charge of cattle or pigs shall be liable for all damage done by the same arising from such cattle or pigs not being properly penned or tethered as the case may be, or otherwise kept under control.

A certificate by the District Officer, President or by any person deputed by him in writing for such purpose, shall be prima facie evidence of the amount of damage done.

Penalty.

Whensoever damage done by cattle or pigs arises from such cattle or pigs not being properly penned or tethered as the case may be, or otherwise kept under control the owner or person in charge of such cattle or pigs shall be guilty of an offence punishable under section 25.

The Yang di-Pertua Negeri* may declare† any areas within which is shall be lawful for any landowner to destroy—

Communal grazing grounds for native and other communities may be established in each district in such numbers and places and of such areas as may be deemed necessary.

Collector to decide necessary extent of same.

The Collector shall decide the extent of the grazing ground necessary in the case of native communities in accordance with the land laws for the time being in force.

Fences of same to be kept in good repair by the community.

All communal grazing grounds shall if so required by the District Officer or the

President be securely fenced and the fences shall be kept in good repair by the community for whose use the grazing ground has been allotted, and this shall be deemed a work of common benefit under the Land Ordinance.

Pounds to be established.

The keeper in charge of each pound shall be appointed in writing by the District

Officer or the President who may also cancel, in his discretion and for good cause shown, such appointment.

Every pound-keeper shall be deemed to be a public servant within the meaning of the Penal Code [F.M.S. Cap. 45.].*

Fees.

It shall be lawful for all persons and it shall be the duty of all police officers to seize any cattle or animal found straying upon any road, street or thoroughfare or trespassing on any ground or property of any person or of the Government and to confine such cattle or animal in any pound established under section 11.

If any cattle or animal so impounded shall not be redeemed by the owner thereof within ten days after such cattle or animal shall have been impounded, by paying to the pound-keeper all pound-fees due under the tariff prescribed by the Yang di-Pertua Negeri in pursuance of section 13, such cattle or animal shall be sold by public auction by order of the

District Officer or the President and the proceeds of such sale, after deducting the expenses thereof and the pound-fees due, shall be paid to the owner of the animal upon application being made by him therefor. In default of such balance being claimed within three months after any sale hereunder, it shall be retained by the District Officer or the President and paid to the Treasury of the District.

* The Penal Code No. 3 of 1959 was repealed by Act A327 which extended to Sabah F.M.S. Cap. 45.

† See G.N.S. 4/1954.

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Any person taking any cattle or animal out of a pound without the knowledge and consent of the pound-keeper shall be liable to a penalty of one hundred ringgit.

Removing cattle.

A distinctive brand of the description specified in section 27 for Government cattle shall be provided and kept in Charge of the District Officer or the President for use in each district or for such area in each district.

Government district brand.

A distinctive brand of the description specified by rule thereunder and known as a District Brand shall be provided for use by all such owners of cattle as do not possess a private brand.

Branding necessary before one year old.

All cattle not already marked with a private brand shall be branded with one or other of such Government brands on or before attaining the age of one year.

Private brands allowed and to be used on or before cattle attaining one year.

Every cattle owner may have a distinctive private brand to be approved and registered in the manner provided in section 27.

All cattle shall be branded with such brand on or before attaining the age of one year.

 See G.N.S. 276/1915.

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Register of cattle owners.

No cattle shall be bought, sold, slaughtered or transferred from one owner to another in the Kota Belud and Tuaran Districts, and the Langkon sub-district of Kudat unless the disposer thereof produces a printed pass in the form of the Second Schedule, duly signed by a Native Chief or other person authorised by the District Officer.

Three copies of the form prescribed by the Second Schedule shall be prepared and one copy shall be delivered to the purchaser or recipient and one shall be forwarded to the officer in charge of the district to which the cattle are being removed.

Unbranded cattle may be impounded, etc.

Any cattle more than one year old found unbranded may be seized and impounded and the owner thereof shall be liable to a fine of twenty-five ringgit and if the same be not claimed within twenty-one days they shall become the property of the

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Government.

It the event of a valid claim to such being proved within such period they shall be restored to the owner:

Provided that he shall first have paid the prescribed fees for impounding the same in addition to any fine so imposed.

Native Chiefs and headmen to report unbranded cattle.

All brands shall be of a skeleton pattern and not less than two inches in height.

A register of private brands shall be kept in Kota Kinabalu by an officer duly appointed for that purpose and no brand shall be used until it has been registered. The officer in charge of this register shall forward to the District Officer or the President a list of all private brands registered for use in his district.

The brand for Government cattle shall consist of a triangle; the Government

Brand shall consist of a triangle with a number below it, thus, , such number denoting the district.

For the purpose of branding or compiling the register the District Officer or the

President may order cattle to be rounded up at such places and times as he shall deem convenient after due notice of not less than seven days has been given through the Native

Chiefs or headmen.

Private brands, unless specially allowed by the District Officer or the President to be kept otherwise, shall be kept at the District Office or the office of the Municipal Council as the case may be and a person appointed by the Government shall on payment of the fees prescribed brand cattle when called on to do so.

The Government brand shall be stamped on the left shoulder and the private brand on the left hip.

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FIRST SCHEDULE

REGISTER

(Section 18)

District ………………

Kampung ……………….

Owner’s

Name

Private or

District

Brand

Added

(bought, born received)

Subtracted

(died, lost slaughtered, sold, given)

Remarks

SECOND SCHEDULE

PASS

(Section 21)

(Triplicate)

………………….… of Kampung …..……………… in the …………………… District, is hereby authorised to ……………………..……..…. the following head of cattle as described hereunder to ………….……………………. of ……………………………...

Description

District/Private Brand

Marks

….……………………………………

Native Chief or Authorised Person.

Date …………………………..