The rajasthan state road transport service (prevention of ticketless travel) (amendment), act,1987

THE RAJASTHAN STATE ROAD TRANSPORT SERVICE 
(Prevention of Ticketless Travel) (Amendment), ACT,1987 
( ACT NO. 18  OF 1987 ) 
Received the Assent of the Governor on the 20th day of April,1987 
AN ACT 
Further to amend the Rajasthan State Road Transport Service 
Prevention of Ticketless Travel Act. 1975 
Be it enacted by the Rajasthan State Legislature in the Thirty-eight 
year of the Republic of India as follows :- 
 
1. Short Title and commencement - 
(1) This act may be called the Rajasthan State Road Transport 
Service (Prevention of Ticketless Travel (Amendment) Act, 1987. 
(2) It shall come into force at once. 
2. Definitions - 
(I) In this Act, unless the subject or context otherwise requires:- 
(1) 'Conductor' means the servant of the corporation designated as 
such and includes any person authorized by the corporation for the 
purpose of charging fare and supplying ticket for travelling by a 
motor vehicle. 
(2) 'Corporation' means the Rajasthan State Road Transport 
corporation as established under the Road Transport Corporation 
Act, 1950 (Central Act 64 of 1950) 
(3) 'Fare' means the total amount of all charges of whatever nature 
payable by a person or group of persons in respect his or their 
carriage and luggage in a road transport service, and includes the 
amount of any tax levied on such fare under any law for the time 
being in force. 
(4) 'Motor Vehicle' means a motor vehicle as defined by the Motor 
vehicles Act, 1939 (Central Act 4 of 1939), which is for the time 
being operated by or under the authority of the corporation in a road 
transport service, 
(5) 'Pass' means a duty, privilege or courtesy pass issued by or 
under the authority of the corporation entitling the person to whom it 
is given to travel in a motor vehicle gratuitously. 
(6) 'Road transport service' means a service of motor vehicles 
operated by the corporation for hire or for passengers or goods or 
both by road for hire or for reward. 
(7). 'Schedule' means the scheduled time fixed from time to time 
by the corporation for the running of a motor vehicle between two 
termini on a particular route. 
(8) 'Ticket' includes a single ticket, a return ticket or a season 
ticket. 
(2) All other expressions used but not defined in this Act shall have 
the meaning respectively assigned to them under the Motor vehicles 
Act, 1939 (Central Act 4 of 1939) as in force in Rajasthan. 
3. Charging of fare and supply of tickets - The conductor on duty shall 
charge fare from every person who enters or remains in a motor 
vehicle with intent to travel and upon payment of fare, supply to such 
person a ticket containing such particulars as may be prescribed. 
4. Prohibition against travelling without pass or ticket - No person shall 
enter or remain in any motor vehicle for the purpose of travelling 
therein unless he has with him a proper pass or ticket. 
Provided that where arrangement for the supply of tickets are 
made in the motor vehicle by which a person has to travel, a person 
may enter such motor vehicle but as soon as may be after his entry 
therein, he shall make the payment of his fare to the conductor and 
obtain from him the ticket for his journey without which he shall not 
remain in such motor vehicle. 
5. Obligation to show passes and tickets - Every person travelling by a 
motor vehicle shall, on requisition of the conductor or any other 
servant of the corporation, authorised in this behalf, present his pass 
or ticket to such conductor or servant for examination at or before the 
end of the journey for which the pass or ticket was issued. 
6. Punishment for travelling without proper pass or ticket - 
(1) If a person - 
(a) Enters or remains in a motor vehicle or in any way travels 
therein without proper pass or ticket in contravention of section 4; or 
(b) While travelling by a motor vehicle or while remaining in it or 
having alighted from it, fails or refuses to present for examination 
pass or ticket immediately on requisition being made therefore under 
section 5; or 
(c) uses or attempts to use with intent to defraud the corporation as 
invalid ticket within the meaning of clauses (a), (b),(c),(e),(f) and (g) 
of the Explanation to section 8 or a single pass or a single ticket 
which has already been used on a previous journey, or in the case of 
a return ticket, a half thereof which has already been used. 
He 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 mentioned in sub-section (2) in addition to the 
ordinary single fare for the distance which he has travelled without 
proper pass or ticket or where there is any doubt as to the place from 
which he started his journey without proper pass or ticket the fare 
from the place from which the motor vehicle originally started or if 
the tickets of other persons travelling by same motor vehicle have 
been examined since the original starting of the motor vehicle, the 
ordinary single fare from the place where the tickets were last 
examined. 
(2) The excess charge referred to in sub-section (1) shall be a sum 
equivalent to the ordinary single fare referred to in that sub-section 
or five rupees whichever greater. 
(3) Where a person liable to pay any sum as an ordinary fare and the 
excess charge under this section fails or refuses to pay the same on 
demand being made therefore under this act, any servant of the 
corporation appointed by it in this behalf may apply to the judicial 
Magistrate competent under section 11 for the recovery of the said 
sum which shall be payable and recoverable as if it were a fine, and 
the said judicial Magistrate if satisfied that the sum is payable and 
recoverable under this Act, he shall order it to be so recovered , and 
may order that the person liable for payment shall in default of 
payment suffer imprisonment of either description for a term which 
may extend to seven days, 
7. Entering a motor vehicle in motion or otherwise improperly 
travelling thereby without pass or ticket. 
(1) If a person without holding a proper pass or ticket, enters or 
leaves or attempts to enter or leave, any motor vehicle while the 
motor vehicle is in motion or elsewhere than by the entry or exit door 
appointed by the corporation for the passengers to enter or leave the 
motor vehicle he shall be liable to punishment which may extend to 
three months or with fine which may extend to five hundred rupees 
or with both. 
(2) If a person without holding a proper pass or ticket, travels by any 
motor vehicle while occupying any place on the roof, steps or foot 
board of any motor vehicle or on the engine or by the side of the 
driver or on any other part of the motor vehicle not intended for use 
of passengers, he shall be liable to punishment with imprisonment 
which may extend to three months or with fine which may extend to 
five hundred rupees or with both, and may be removed therefrom by 
the conductor or the driver of the motor vehicle or by any other 
servant of the corporation authorised to do so in this behalf. 
(3) Any person who is liable to the penalties provided in sub-sections 
(1) and (2) shall also be liable to pay the excess fare as mentioned in 
sub-section (2) of section 6 and the provisions of sub-section (3) of 
the said section shall apply to the recovery of excess fare from such 
person or the punishment of such person by imprisonment in default 
of payment of excess fare. 
8. Breach of duty imposed under section 3.-If a conductor or any other 
person authorised by the corporation, whose duty is to charge fare 
and, upon payment of fare, to supply a ticket is to a person who 
travels or intends to travel in a motor vehicle negligently or willfully 
omits to charge fare or supply proper ticket to such person or 
supplies to him an invalid ticket when demanded by such person he 
shall be liable to be punished with imprisonment of either description 
which may extend to one month or with fine which may extend to 
two hundred rupees or with both, in addition to any disciplinary 
action for such misconduct, which he is liable to undergo under the 
conditions of his service. 
Explanation (1) for the purpose of this section the expression 
'invalid ticket' means such ticket. 
(a) As was issued to any other person for a distance already covered 
by such person. 
(b) as bears a date already expired. 
(c) as pertains to a route which is not for the time being covered by 
the motor vehicle. 
(d) as covers a distance which is shorter than the distance for which 
the fare has been charged. 
(e) as covers a distance which is shorter that the distance actually 
travelled or to be travelled by the person to whom the ticket is 
supplied. 
(f) as does not confirm to the schedule for which it was issued; and 
(g) as is forged or fictitious. 
Explanation (2) - If any person is found travelling in a motor 
vehicle without having a proper pass or ticket, it shall be presumed 
for the purpose of this section, that the conductor has negligently or 
willfully omitted to charge fare or supply a ticket. 
9. Power to remove persons from motor vehicles. Notwithstanding 
anything contained in this Act, any person, who travels or attempts to 
travel in a motor vehicle without having proper pass or ticket with 
him or beyond the place authorised by his ticket or who being in a 
motor vehicle fails or refuses to present for examination his ticket 
immediately in requisition being made therefore under section 5 may 
also be removed from the motor vehicle by any servant of the 
corporation authorised in this behalf or by any other person whom 
such servant may call to his aid unless he then and there pays the 
fare; 
Provided that no person shall be so removed from the motor 
vehicle between the hours 6 pm to 6 am except either at the place at 
which he first entered the vehicle or at the place which is a stand 
appointed by the corporation for the stoppage of the motor vehicle 
for taking or leaving passengers during the course of their journey. 
10.  Obstructing servants/ agents of the corporation in the discharge of 
their duties. - If a person obstructs or impedes any servant or agent of 
the corporation in the discharge of his duty as imposed on him by 
this Act, 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. 
11.  Trial etc. of offences - (1) An offence under this act shall be 
cognizable and shall be triable by the court of a judicial Magistrate of 
the first class having jurisdiction over the place where the offence 
was committed or through whose local jurisdiction the offender 
passed during the course of the journey by the motor vehicle on 
which the offence was committed. 
(2) Except as otherwise provided in sub-section (1) the provisions of 
the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall 
apply to the investigation, enquiry, trial or other kinds of proceedings 
in an offence under this Act. 
12. Fine, excess charges and fare to be credited to the corporation 
(1) The amount of fine, excess charges and fare recovered under this 
Act shall be credited to the corporation. 
(2) Out of the amount received under sub-section (1), the corporation 
shall be liable to pay tax levied under the Rajasthan Passengers and 
Goods Taxation Act, 1959 (Rajasthan Act 18 of 1959.) 
13.  Over riding effect of the Act. - The provisions of this Act shall have 
affect not withstanding anything inconsistant therewith contained in 
any other law for the time being in force. 
14. Delegation of powers.- The Corporation may, by general or special 
order, direct that all or any of its powers under this Act shall be 
exercised by such person and subject to such restrictions of 
conditions, as may be specified in the order. 
15.  Powers to make rules (1) The State Government may make rules for 
carrying out all or any of the purposes of this Act. 
(2) Every rule made by the state government under this Act, shall be 
laid, as soon as may be after it is made, before the House of State 
Legislature while it is in session for a total period of thirty days 
which may be comprised in one session or in two successive 
sessions, and if, before the expiry of the session in which it is so laid 
or the session immediately following, the House agrees in making 
any modification in the rule or the House agrees that the rule should 
not be of no effect, as the case may be, so however that any such 
modification or annulment shall be without prejudice to the validity 
of anything previous done under that rule. 
16.  Repeals and Savings :- (1) The Rajasthan state Road Transport 
Service (Prevention of Ticketless Travel Ordinance, 1975 (Rajasthan 
Ordinance No. 4 of 1975) is hereby repealed. 
(2) Notwithstanding such repeal all things done and action taken 
under the said Ordinance shall be deemed to have been done or taken 
under the corresponding provisions of this Act as if this Act had 
come into force on the 22nd day of January, 1975. 
 
 
-Secretary to Government 

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