The West Bengal Transport Undertakings ( Prevention Of Ticketless Travel ) Act, 1975

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XLV of 1975 
THE WEST BENGAL TRANSPORT UNDERTAKINGS 
(PREVENTION OF TICKETLESS TRAVEL) ACT, 1975. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 5th January, 1976.] 
[5th January, 1976.] 
An Act to provide for the prevention of ticketless travel in the 
Transport Undertakings in West Bengal. 
WHEREAS it is expedient to provide for the prevention of ticketless 
travel in the Transport Undertakings in West Bengal; 
It is hereby enacted in the Twenty-sixth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Transport short title 
Undertakings (Prevention of Ticketless Travel) Act, 1975. 	 and extent. 
(2) It extends to the whole of West Bengal. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "fare" means the amount payable for carriage of a 
person in a transport vehicle belonging to a Transport 
Undertaking; 
(b) "State Transport Undertaking" includes,— 
(i) the Calcutta State Transport Corporation, 
(n) the North Bengal State Transport Corporation, 
and 
(iii) the Durgapur State Transport Corporation, 
64 of 1950. established under section 3 of the Road Transport Corporations Act, 
1950; 	 (c) "Transport Undertaking" includes,— 
(i) any of the State Transport Undertakings, and 
(ii) the Undertaking of the Calcutta Tramways 
Company Limited; 
211 
The West Bengal Transport Undertakings (Prevention of 
Ticketless Travel) Act, 1975. 
[West Ben. Act 
(Sections 3-6.) 
(d) "transport vehicle" means a public service vehicle as 
defined in clause (25) of section 2 of the Motor 4 of 1939. 
Vehicles Act, 1939, belonging to a State Transport 
Undertaking or a passenger vehicle belonging to the 
Undertaking of the Calcutta Tramways Company 
Limited; 
(e) words and expressions used in this Act but not defined 
shall have the meanings assigned to them in the Motor 
Vehicles Act, 1939. 
Prohibition 	 3. No person shall travel in any transport vehicle without a proper 
against 	 ticket issued for the journey. travelling 
without 
ticket. 
Supply of 	 4. Every person travelling in a transport vehicle shall, upon 
ticket on 	 payment Of his fare, be supplied with a ticket for the journey which such payment 
of fare. 	 person intends to perform or has already performed. 
Exhibition 	 5. Any person who travels in a transport vehicle shall, whenever 
of ticket. 	 required by an employee of a Transport Undertaking not below the rank 
of a conductor or any other person not below the rank of a 
Sub-Inspector of Police, to be authorised by the State Government in 
this behalf, present his ticket to such employee or other person for 
examination. 
Penalty for 
ticketiess 
travel. 
6. (1) Any person who travels in a transport vehicle without having 
a proper 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), 
in addition to the actual fare, 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 passenger 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 a sum of 
rupees ten whichever is greater. 
212 
The West Bengal Transport Undertakings (Prevention of 
Ticketless Travel) Act, 1975. 
XLV of 1975.] 
(Sections 7-11.) 
7. If an employee of a Transport Undertaking whose duty is— 	 Penalty for 
(1) to supply a ticket to a person travelling in a transport vehicle dereliction  of duty. 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, or 
(2) to check any season ticket, either wilfully or negligently 
omits or refuses to do so, 
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. 
8. Any person, who travels or attempts to travel in a transport Power to 
vehicle without having proper ticket with him or beyond the place preer:ons  
authorised by his ticket or who, being inside a transport vehicle, fails or from 
refuses to present his ticket for examination when required to do so, transport 
may be removed from such vehicle by an employee of the Transport vehicles.  
Undertaking or any other person, authorised in that behalf or by any 
other person whom such employee or other person may call to his aid 
unless he then and there pays the fare. 
9. If any person wilfully obstructs an employee of a Transport Obstructing 
Undertaking or any other person,. authorised under this Act, in the tPhi:Yee  
discharge of his duty, he shall be punishable with imprisonment for a Transport 
term which may extend to one month or with fine which may extend to Undertaking  
two hundred and fifty rupees or with both. 	 or oer 
authorised 
person in 
his duty. 
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 
2 of 1974. 
	
	 shall follow the procedure laid down in the Code of Criminal Procedure, 
1973, for trial of offences in a summary way. 
Magistrate 
having 
jurisdiction 
under the 
Act. 
Cases to be 
tried 
summarily. 
213 
The West Bengal Transport Undertakings (Prevention of 
Ticketless Travel) Act, 1975. 
[West Ben. Act XLV of 1975.] 
(Sections 12-15.) 
Excess charge 12. Any amount recovered by way of excess charge under section 6 
to be paid to shall be paid to the concerned Transport Undertaking. the concemed 
Transport 
Undertaking. 
Overriding 	 13. The provisions of this Act shall have effect notwithstanding 
effect of the anything inconsistent therewith contained in any other law. Act. 
Power to make 14. The State Government may make rules for carrying out all or 
rules. 	 any of the purposes of this Act. 
15. (1) The West Bengal Transport Undertakings (Prevention of 
Ticketless Travel) Ordinance, 1975, is hereby repealed. 
(2) Anything done or any action taken under the West Bengal 
Transport Undertakings (Prevention of Ticketless Travel) Ordinance, 
1975, shall be deemed to have been validly done or taken under this Act 
as if this Act had commenced on the 26th day of September, 1975. 
Repeal and 
savings. 
West Ben. 
Ord. XIV of 
1975. 
214 

‹ Prev All West Bengal acts Next ›