(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.