LexThe Assam State Transport Corporation (Prevention of Unauthorised Travel) Act, 1977
Assam · state statute
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'l~ 60
No. 60
Registered No. A-12
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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, Mo nday, 2nd May, 1977, 12th Vaisakh ~ ,
1899 (S. E .)
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GOVERNMENT OF ASSAM
ORDERS BY THE GOVERN 0 "
LEGI SLATIVE DE PARTMENT
NOTIFICATION \
The 2nd May 1977
No. LJL:15/77/2~.-The following Act of th~ Assam Legislative
A~sembly which received the assent of th e P re~ 1 d ent i11 herfb ¥ pub-
lisbe~ fQr general lofor~ation, · ' ·
294 _.!:_H E. ASS~~ GAZETfE . EXTRA O RDINARY, MAY 2, 1971
ASSAM ACT VI OF 1977
- ( R eceived t he assent of the P residen t of India 011 3<rth April 1977 )
THE ASSAM STAT E TRANSPORT COR PO RATION (PREVENTION
OF UNAUTHORISED TR AVEL) ACT, 1977.
An
Act
to provide for th e prevention of unauthorised travel in the
trans,Jort vehicle belonging to th e ~s sa m Sta te Transport Cor poration.
Pr ea mble . Whe reas it is expedi ent to
prevent ion of unau thorised tr avel
vehicle belonging to the Assam
Cor porati on;
provide for the
in the transport
Stat e Transport
It is her eby enac ted in the Twent y-Eighth year
of the Republic of Indi a as follows :--
S ho rt ti tle, 1. (I ) This Act may be called the Assam
ex tent and Sta te Transport Corporat ion (Preventio n of Un
commt ence- a mhoris ed Travel) Act , 1977. m en .
Definiti ons .
(2) It shall extend to th e whole of the.
State of Assam.
(3) It shall come into force at once .
2. In this Act, un less the context otherwise
requir es:-
(a) " fare" mea!lS the amount pay able for
carriage of a p erso n in a transport vehicle be
longing to t he Assam State Tra nsport Corporation;
(b ) " Corp orati on" m eans the Assam State
Tra nsport Corpor ation established und er Section 3.
of the Ro ad T ransp ort Corp orati ons Act , 1950; 64 of 1950.
(c) " transport vehicl e" means a public servic e
vehicle as defined in clau se (25) of Section 2 of the
Motor Vehicles Act , 1939, belonging to the Corpo- 4 of 1939•
ration;
( d) "tick et" includ es a pass issued und er
the authority of the Cor poration ;
(e) "unauthori sed travel" means a travel or
journey unde rtaken by a p erson 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 tran sport
aga!nst t~a- vehicle withou t 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 per son 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 travel s in a transport
;cicketless veh icle without having a valid ticket or having
.travel. alighted therefrom fails or refus t> S to present his
ticket for examinat ion 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 rupe es 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 trav elled or wher e 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 examin ed, to the place where
;he was detected to be trav elling without ticket.
(2) The excess charge referred to in sub-s ection
{ I) shall be the actual fare for the distanc e refer
red to in that sub -section or five rupees whichever
is great er.
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, eith er wilfully or negligently:-
(a) omits or refus es to accept the fare
when tend ered, or
(b) omits or refus es 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 trav els 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 oris e y 1s
vehicles. ticket or who being insid e a transport vehicle, fails
or r efuses to pres ent his ticket for examination
when r equir ed to do so , may be removed from
such vehicl e by an employ ee of the Corporation
authorised in that behalf or by any oth er p erson
whom such employ ee may call to !:i.is aid unless
he at once pays the far e.
Obstructing 9 If any person wilfully obstruc ts an employ ee
employee of. the Corporation in the discharge of his duty , he
C _of trhaet'o shall be punishable with imprisonm ent 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 hund re d and fifty rup ees or with both.
Ma~istr.ate. 10. No M agistrat e o ther than a Judicial Magis
h .av~ng Juris- trat e of the , first class specially empow ered for
~~~tit~~ A~~~ trying offe_nces in a summary way shall try an
otfenc e punishabl e under this Act.
Cases to be
tried
summarily.
11. In th e trial of offences punishable und er
this Act, th e Magistrate shall follow the procedure
laid 'down in the Cod e of Criminal Proc edur e, 1973 2 of 197 4
for trial of offences in a summary way.
Excess charge to 12. Any amount recov er ed liy way of excess
be paid to charg e und er S ection 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 Governm ent 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-
Saving s. 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.