The Assam State Transport Corporation (Prevention of Unauthorised Travel) Act, 1977

.. ·- - .. - 'l~ 60 No. 60 Registered No. A-12 . ( ~ . The Assam Gazette EXTRAORDINARY gt~-~-~ iaR1 ~~ PUBLISHED BY AUTHORITY ~ct~ ... ~, C'Tt~~J.( . 2. C"lf, 1977, 12 <f ~t?t, 1899 "i<t Dispur, Monday, 2nd May, 1977, 12th Vaisakh ~ , 1899 (S. E .) ========--=======:::.::::===-=-- - ~-=-- ~· --=-:=-= : GOVERNMENT OF ASSAM ORDERS BY THE GOVERN 0 " LEGISLATIVE DEPA RTMENT NOTIFICATION \ The 2nd May 1977 No. LJL:15/77/2~.-The following Act of th~ Assam Legislative A~sembly which received the assent of the Pre~ 1d ent i11 herfb¥ pub- lisbe~ fQr general lofor~ation, · ' · 294 _.!:_H E. ASS~~ GAZETfE . EXTRAO RDINARY, MAY 2, 1971 ASSAM ACT VI OF 1977 - ( R eceived t he assent of the P resident of India 011 3<rth April 1977 ) THE ASSAM STAT E TRANSPORT CORPO RATION (PREVENTION OF UNAUTHORISED TR AVEL) ACT, 1977. An Act to provide for the prevention of unauthorised travel in the trans ,Jort vehicle belonging to the ~ssam State Transport Corporation. Pr eamble. Whereas it is expedient to prevention of unauthorised travel vehicle belonging to the Assam Corporation; provide for the in the transport State Transport It is hereby enacted in the Twenty-Eighth year of the Republic of India as follows :-- S hort ti tle, 1. (I ) This Act may be ca lled the Assam ex tent and State Transport Corporation (Prevention of Un­ commt ence- a mhorised Travel) Act , 1977. m en . Definitions . (2) It shall extend to the whole of the. State of Assam. (3) It shall come into force at once. 2. In this Act, unless the context otherwise requires:- (a) " fare" mea!lS the amount payable for carriage of a person in a transport vehicle be­ longing to the Ass am State Transport Corporation; (b) " Corporation" means the Assam State Transport Corporation established under Section 3. of the Road Transport Corporations Act , 1950; 64 of 1950. (c) " transport vehicle" means a public service vehicle as defined in clause (2 5) of Section 2 of the Motor Vehicles Act, 1939, belonging to the Corpo- 4 of 1939• ration; ( d) "ticket" includes a pass issued under the authority of the Corporation ; (e) "unauthorised travel" means a travel or journey undertaken by a person without a valid ticket ; (f) words and expressions used in this Act but not defined shall have the same meaning assigned to them in the Motor Vehicles Act, 1939. 4 of 1939. 1'HE AssA:M GAZETTE, EXTRAORDINARY. MA y 2, i977 295 ......, Prohibition 3. No person shall travel in any transport aga!nst t~a- vehicle without a proper ticket issued for the journey. velhng with- out ticket. Supply of 4. Every person travelling in a transport t icket on pa- vehicle shall, upon payment of his fare, be supplied l~:~t of ;-vith a ticket for the journey which such person mtends to perform or has already performed. Exl":ibition 5. Any person who travels in a transport vehicle of ticket. shall, whenever required by an employee of the Corporation authorised in that behalf, present his ticket to such employee for examination. Penalty for 6. ( 1) Any person who travels in a transport ;cicketless vehicle without having a valid ticket or having .travel. alighted therefrom fails or refus t> S to present his ticket for examination on requisition shall be puni­ shable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred and fifty rupees or with both and shall also be liable to pay the excess charge spe­ cified in sub-section (2 ) for the distance which he :has travelled or where there is any doubt as to •the stage from which he started, the fare from 'the stage from which the transport vehicle origi­ ;nally started, or from the place, if any, where the tickets were last examined, to the place where ;he was detected to be travelling without ticket. (2) The excess charge referred to in sub-section { I) shall be the actual fare for the distance refer­ red to in that sub-section or five rupees whichever is greater. Pena~ty_for 7. If an employee of the Corporation whose ~r~~:~~n ~uty is to supply a. ticket to a person travelling Ill a transport vehicle on payment of fare by such person, either wilfully or negligently:- (a) omits or refuses to accept the fare when tendered, or (b) omits or refuses to supply a ticket, or (c) supplies an invalid ticket, or (d) supplies a ticket of lesser value, he shall be punishable with imprisonment which may" extend to one month ·or with fine which may extend to two hundred and .fifty rupee11 or with both. 296 ';r'HE ASSAM GAZETTE, EXTRAORDINARY, MAY 2. 1977 "--~ Power to 8 . Any person , who travels or attempts to travel removfe in a transport vehicle without having valid ticket persons rom . h h' b d h 1 h . d b h' transport wit im or eyon t e p ace aut orise y 1s vehicles. ticket or who being inside a transport vehicle, fails or r efuses to present his ticket for examination when r equired to do so , may be removed from such vehicle by an employee of the Corporation authorised in that behalf or by any other person whom such employee may call to !:i.is aid unless he at once pays the far e. Obstructing 9 If any person wilfully obstructs an employee employee of. the Corporation in the discharge of his duty , he C _of trhaet'o shall be punishable with imprisonment which may orpo ' n d h . l fi h' h in his duty exten to one mont or wi t 1 me w 1c may extend to two hundred and fifty rupees or with both. Ma~istr.ate. 10. No M agistrate o ther than a Judicial Magis­ h.av~ng Juris- trate of the , first class speci ally empowered for ~~~tit~~ A~~~ trying offe_nces in a summary way shall try an otfence punishable under this Act. Cases to be tried summarily. 11. In the trial of offences punishable under this Act, the Magistrate shall follow the procedure laid 'down in the Code of Criminal Procedure, 1973 2 of 197 4 for trial of offences in a summary way. Excess charge to 12. Any amount recover ed liy way of excess be paid to charge under Section 6 shall be paid to the Cor­ the Cor- poration. poratioQ. Overriding 13. The provisions of this Act shall have effect effect of notwithstanding anything inconsistent therewith the Act. contained in any other law. Power to 14. (1) The State Government may make rules make rules. for carrying out all or any of the purposes of this Act. (2) All rules made under this Act shall, as soon as they are made, be laid b~fore the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if durini; the said period the State Legisla­ ture makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form ; so, however, that such modification shall be without prejudice to the validity of f\:p.ything previously done under the rules. I '. THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 2, 1977 297 Repeal and 15, (1) The Assam State Transport Corpora-Assam Ordi- Savings. tion (Prevention of Unauthorised Travel) Ordinance, 1i7~e III of 1977 is hereby repealed. ' (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under this Act as if this Act had commenced on the nineteenth day of February, 1977 (the date of promulgation of the ordinance). U. TAHBILDAR, Secretary to the Govt. of Assam, Legislative Department. UAUHA Tl-Printed and published by the Supdt. i/c., Assam Govo. Printing Press (Ex-Gazette) No.119-1,625-1,500- 2·5·1977.