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

1. (1) This Act may be called the Assam State Transport Corporation (Prevention of Unauthorised Travel ) Act, 1977. (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” means the amount payable for carriage of a person in a transport vehicle belonging to the Assam State Transport Corporation; (b) “Corporation” means the Assam State Transport Corporation established under Section 3 of the Road Transport Corporations Act, 1950; (c) “transport vehicle” means a public service vehicle as defined in clause (25) of Section 2 of the Motor Vehicles Act, 1939, belonging to the Corporation ; (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.

3. No person shall travel in any transport vehicle without a proper ticket issued for the journey.

4. Every person travelling in a transport vehicle shall, upon payment of his fare, be supplied with a ticket for the journey which such person intends to perform or has already performed.

5. Any person who travels in a transport vehicle shall, whenever required by an employee of the Corporation authorised in that behalf, present his ticket to such employee for examination.

6. (1) Any person who travels in a transport vehicle without having a valid ticket or having alighted therefrom fails or refuses to present his ticket for examination on requisition shall be punishable 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 specified 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 originally 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 (1) shall be the actual fare for the distance referred to in that sub-section or five rupees whichever is greater.

7. If an employee of the Corporation whose duty is to supply a ticket to a person travelling in 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 rupees or with both.

8. Any person, who travels or attempts to travel in a transport vehicle without having valid ticket with him or beyond the place authorised by his ticket or who being inside a transport vehicle, fails or refuses to present his ticket for examination when required 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 his aid unless he at once pays the fare.

9 If any person wilfully obstructs an employee of the Corporation in the discharge of his duty, he shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred and fifty rupees or with both.

10. No Magistrate other than a Judicial Magistrate of the first class specially empowered for trying offences in a summary way shall try an offence punishable under this Act.

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 for trial of offences in a summary way.

12. Any amount recovered by way of excess charge under Section 6 shall be paid to the Corporation.

13. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

14. (1) The State Government may 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 before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature 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 anything previously done under the rules.

15. (1) The Assam State Transport Corporation (Prevention of Unauthorised Travel) Ordinance, 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).