The Assam State Transport Corporation (Prevention of Unauthorised Travel) Act, 1977
Registered No. A-12

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### The Assam Gazette

EXTRAORDINARY

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PUBLISHED BY AUTHORITY

'l~ 60 ~ct~ ... ~, C'Tt~~J.( . 2. C"lf, 1977, 12 <f ~t?t , 1899 "i<t

No. 60 Dispur, Mon day, 2nd May, 1977, 12th Vaisakh ~ ,

1899 (S. E .)
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GOVERNMENT OF ASSAM

ORDERS BY THE GOVERN 0 "

LEGISLATIVE DEPARTMENT

NOTIFICATION \

The 2nd May 1977

No. LJL:15/77/2~.-The following Act of th~ Assam Legislative

A~sembly which received the assent of the P re~ 1 d ent i11 herfb¥ pub-

lisbe~ fQr general lofor~ation,          - '          -

###### ..


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294 _.!:_H E. ASS~~ GAZETfE . EXTRAO RDINARY, MAY 2, 1971

ASSAM ACT VI OF 1977

     - ( R eceived t he assent of the P resident of India 011 3<rth April 1977 )

THE ASSAM STAT E TRANSPORT CORPO RATION (PREVENTION

###### OF UNAUTHORISED TR AVEL) ACT, 1977.

An

Act

to provide for the prevention of unauthorised travel in the

###### trans ,Jort vehicle belonging to the ~ s sam State Tr ansport Corporation.

Pr ea mble. Whereas it is expedient to provide for the
prevention of unauthorised travel in the transport
vehicle belonging to the Assam State Transport
Corporation;

###### It is hereby enacted in the Twenty-Eighth year
of the Republic of India as follows :--

S hort title, 1. (I ) This Act may be called the Assam

ex tent and State Transport Corporation (Prevention of Un-

commt ence- a mhorised Travel) Act, 1977.
m en .

(2) It shall extend to the whole of the.

State of Assam.

(3) It shall come into force at once.

Definitions. 2. In this Act, unle ss the context otherwise

requires:-

(a) " fare" mea!lS the amount payable for
carriage of a person in a transport vehicle be-
longing to the Ass am State Transport Corporation;

(b) " Corporation" means the Assam State

Tra nsport Corporation established under Section 3.
of the Road Transport Corporations Act, 1950; 64 of 1950.

(c) " transport vehicle" means a public service

vehicle as defined in clause (2 5) of Section 2 of the
Motor Vehicles Act, 1939, belonging to the Corpo- 4 of 1939•
ration;

( 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. 4 of 1939.


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###### 1'HE AssA:M GAZETTE, EXTRAORDINARY. MA y 2, i977 295

......,

Prohibition 3. No person shall travel in any transport

aga!nst t~a- vehicle without a proper ticket issued for the journey.
velhng with-
out ticket.

Supply of 4. Every person travelling in a transport

ticket 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 person 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 travels in a transport

;cicketless vehicle without having a valid ticket or having

.travel. alighted therefrom fails or refus t> S to present his
ticket for examination 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 rupees 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 travelled or where there is any doubt as to

             - he 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 examined, to the place where

;he was detected to be travelling without ticket.

(2) The excess charge referred to in sub-section

{ I) shall be the actual fare for the distance refer-
###### red to in that sub-section or five rupees whichever
is greater.

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, 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                  - r with fine
which may extend to two hundred and

.fifty rupee11 or with both.


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296 ';r'HE ASSAM GAZETTE, EXTRAORDINARY, MAY 2. 1977 "-- ~

Power to 8. Any person, who travels 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 orise y 1s
vehicles. ticket or who being inside a transport vehicle, fails
or refuses to present his ticket for examination
when r equired 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 !:i.is aid unless
he at once pays the fare.

Obstructing 9 If any person wilfully obstructs an employee

employee of. the Corporation in the discharge of his duty , he

C [_]of trhaet'o shall be punishable with imprisonment which may
in orpo his duty ' n exten d to one mont h or wit . l 1 fi me w h' h 1c may
extend to two hundred and fifty rupees or with both.

Ma~istr.ate. 10. No M agistrate o ther than a Judicial Magis-

h .av~ng Juris- trate of the , first class speci ally empowered for

~~~tit~~ A~~~ trying offe_nces in a summary way shall try an
otfence punishable under this Act.

Cases to be
11. In the trial of offences punishable under
tried
summarily. this Act, th e Magistrate shall follow the procedure

laid 'down in the Code of Criminal Procedure, 1973 2 of 197 4
for trial of offences in a summary way.

Excess
charge to 12. Any amount recovered liy way of excess
be paid to charge under Section 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.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 2, 1977 297

Repeal and 15, (1) The Assam State Transport Corpora-Assam Ordi-

Savings. 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.

###### '. I


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