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West Bengal Act XLV of 1975'


THE WEST BENGAL TRANSPORT UNDERTAKINGS
(PREVENTION OF TICKETLESS TRAVEL)
ACT, 1975.
AMENDED .. .. West Ben. Acl XXIX of 1992.
W e s ~Ben. Act XXII of 1995.

An Acr lo provide for the prtvorriorr of ricX-er1c.s~rm17elill the Tt-utrspor~


U~rrleriaki~~gs
in W e s ~Bctzgal.

WHEREAS it is expcdienl lo providc for the prevention of ticketless


[ravel in the Tnnsport Underlakings in West Bengal;
It is I~crzbyenac~edin the Twenty-sixlh Year of the Rcpublic of
India. by h e Legislsl~urt:of West Bengal, as follows:--

1. ( 1 ) This Act may be called ~ h cWest Bengal Transport Shorl ~ i r l c


ilnd carcnc.
Underlakings (Prevention of Tickerless Travel) Act, 1975.
(2) 11 exlends to thc whole of West Bcngal.

2. I n [his Act, unless the contexl othcnvise requires,- ucfiniriuns.


(a) "five" means the ilmounl payable for carriage of a person
in a ~ransporlvehicle belonging lo a Transport Undenaking;
'(b) "State Transport Underlaking" menns-
(i] the Calculm State Transport Corporation,
(ii) ~ h Norlh
c Bengal Stale Transporl Corporation, or
(iii) thc South Bengal State Transporl Corporntion,
15.401 1950, es~ablishedunder sec~ion3 of the Road Trinspor~Corponrions Acl,
1950. and includes-
(A) ihe Catculta Tramways Company (1978) Limired,
Wcsr Bcn. refcrred 10 in seclion 5A of [he Calculta Tramways
Act LIV uf
1976. Company (Acquisitionof [Jndeniking) Act, 1976,
or
(B) [he West Bengal Surface Transport Corporation
Limi led, formed and registered as a Government
company in accordance with the provisions of the
I of 1956. Companies Act, 1956;
3(c) "Transport Undertaking" mcilns a Slate Transporl
Undertaking;
P;ln
'For Srarement or Ohjccls and Rcacons, src thc Cfllurrrm Coielrc, Er~raorrlinnr~.
W ,of 11ic 29th Novcmhr. 1975. pagcs 2587-258s: roc proceedings o r rhs IVcst 13cngal
LcgisIarivc Assembly. ,rcc thc p m c c d i n g ~or rhc mccring of ihar A?;s~.nlbly hfld on thc
8rh Dcccmbrr, 1975.
'Clause Ibl was subsiilulrd for rhc orieinal clausc bv s. 211) or thc Wcst Bcnaal
Tnnspon ~ n d c n n k i n ~(Prevention
s of ~ickcllcssT r ~ v c l )ihnicndrhcnr) Acr. 1995 OVG~I
Bcn. Acr XXll or 1995).
'Clause (c) ws subsritutcd Tor thc original clausc by s. ?(2), ibid.
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The \Vest B r ~ g a Transpor~


l U~lderiakings(Prever~riotrof
Ticketless T r ~ v e lA) cf, 1975.
[West Ben. Act
{Sectiorls 3-6.)

!
[(d) ' T m s p o ~vehicle"
~ means a public service vehicle, as defined
in cInuse (35) of section 2 of the M o ~ oVehicles
r Act, 1988, S9 lM8.
or a passenger vehicle, belanging to, or a passenger, or
cargo vessel operaled by, a Slate Transport Undcflaking;
(e) words and expressions used in this A n but nol defined shall
have the meanings assigned to them in [he '\Motor Vehicles
Act, 1988.1

Prohibition 3. No person shall ravel in any tnnsport vehicle wilhout a propcr


against
tnvclling ticket issued for rhe journey.
withaul
~ickcl.

Supply or 4. Every person tnve1Iing in a transport vehicle shall, upon payment


tickcr on
ptymcnt of of his fare, be supplied with a ~icketfor h e journey which such person
fil~. intends lo perfarm or has alrcady performed.

5. Any person who travels in a transport vehicle shall, whenever


required by an employee of a Transpori Underraking not below the rank
of a conductor or any other person not below ~ h rank
c of a Sub-Jnspector
of Police, lo bc auihorised by the Siale Governmen1 in this behalf, presenr
his ticket to such employee or other person for examination.

Penally for 6. (1) Any person who travels in a transport vehicle without having
liclic~lw
tr~vel. a propr ticket or having alightcd therefrom fails or refuses to present
his [icke~for examination on requistion shall be punishable w i h
imprisonment for a [em which may eexlend ro one rnonlh or with fine
which may extend to two hundred and fifty rupees or with both and shall
also be liable lo pay the excess charge specified in sub-szciion (2), in
addition to h e actual fare, for the dislance which he has travelled, or
where here is any doubt as ro ihc stage from which he started, [he fare
from the slage from which rhe passenger vehicle originally started, or
from ihc place, if any, where rhe tickels were Iasl examined, lo the place
where he was delected to be travelling wirhout r icket.
(2) The excess charge refened to i n sub-sec~ion'(1) shall be !he
actual fare For the distance referred lo in [hat sub-section or a sum of
rupccs ten whichever is greater.

'Clausc (d) w a subsri~ulrdTor r l ~ coriginal ccluus by s. 2(3) OF [he Wcsr Bcngat


Trdnspn Undcmkings Iprcvcnlion or Tickcllcss Tmvcl) (Amcndnicnl) Acl, 1995.
'Thc words and ligurcs wirhin Ihc squarc bmckcts wcrc subsliluted Tor the words and
figures "Molor Vchiclcs Act. 1959." by s. 2(4). ibid.
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T11c Wcsr Betigal Transport Ut~dertakirrgs(Pre vet! ti011 of


Tickerless Travel) ACI, 1975.

(Sections 7-9B.)

fi
7. If an employee of a Transporl Undcrlaking whose duly is- Pcnal~yfor
dereliction
( 1) lo supply a ticket to a pcrson travelling in a transport vehicte orduly.
on payment of fare by such person, eirher wilfully or
negligently,-
(a) omits or refuses to accept the fare when tendered, or
(b) omits or refuses lo supply a tickel, or
(c) supplies an invalid ticket, or
(d) supplies a ticket of lesser value, or
(2) lo check any s e a o n ticket, either wilfully or negligently
omits or refuses to do so,
he shall be punishable with imprisonment for a [ e m which may extend
to one month or wirh fine which may extend to ~ w ohundred and filly
rupees or with both.

8. Any person, who [ravels or arrempls 10 rnvel in a lransporl Power lo


rcrnove
vehicle without having proper rickel wilh him or bcyond thc place Pcsons
aulhorised by his ticket or who, b c i n ~insidc a [ranspan vehicle, fails from
mnspn
or refuses to present his licket for examination when required lo do so, vchiclcs.
may be removed from such vehicle by an employee of the Transporl
Undertaking or any other persan, aulhorised 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 be fare.

9. If any person wilfully obstruch an employee of a Transporr Obslructing


crnployec o f
Undertaking or any other person, authorised under this Act, i n the lllc
discharge of his duly, he shall be punishable with imprisonmcn~for a Tnnspd
Undenaking
term which may extend lo one month or with fine which may cxtend or olhcr
to two hundred and liity rupecs or with both. authurised
pcrson in his
dury.

'9A. All offences under (his Act shall be cognizable and bailable. Orrcnccs
undcr the
Acl to l
x
cognizable
and bailable.

'9B. ( I ) Any offence, whether committed before or afler the


commencement of ihe West Bengal Transport Undertakings (Prevention
ofTickc11essTravcl) (Amendment) Act, 1992, punishable under secrion
6 o r section 9 may, eilher before or after [he institution of the prosecurion,
be compounded by such officers or aulhorities and for such amount as
the Slate Governrnenr may,by nolificalion in the Oflcial Gozerre,specify
in this behalF.
'Scclio~l9A and 9B wcrc inscncd by s. 2 o f Ihc Wcrt Bcngal Tmnrpon Undcnakings
(PrevenrionolTickellcss Tr~vcl)(Amendmenl) Act, I992 IWcst Ben. Acl XXIX a I 1992).
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The Wesr Bet~galTra~isporlU~lrlerloliitigs(Prrventiori of


Tickerlesx Travel) Acr, 1975.
IWest Bcn. Act XLV of 1975.1

(7) Where an orfcnce has been compounded under sub-seclion (I),


h e offender, if in custody, shall be discharged and no funher proceeding
sl~allbe takcn agaiosl him in respecl or such offence.".

Magislmrc 10. No Magistra~eother than a Judicial Magistrate of the first class


having
jurisdic\ion specially empowered for trying offenccs in a summary way shall try an
undcr ~ h c offence punishable undcr this Act.
Acr

Cscs ro h 11. In the [rial of offences punishable under [his Act, the Magismre
~ricd
summarily. shall follow [he procedure Ioid down in thc Code of Criminal Procedure, 2.r 1971.
1973, for rial of offences in a sumnlary way.

ficcss 12. Any arnounl wovered by way of exccss cliarge under seclion
charge lo bc
p ~ i dla thc 6 shall be paid lo rhe concerned Transport Undcnaking.
conctmcd
Tnntprrl
Undcriaking.

Overriding 13. The provisions of this Act shall have effect nolwithshnding
cilccl of the
Acr. anything inconsislenr lhcrewith conraincd in any orhcr law.

Powcr lo 14. The Stale Covernmcrll may make rules for c q i r l g WUL all or
makc rulcs.
any OF the purposes of this Acr.

Repeal nnd 15. (1) The Wesl Bengal Transporl Underlakings (Prevention of \Vest Bcn.
saving^. Ord. X I Y of
Tickelless Travel) Ordinance, 1975, is hereby repealed. 1975.
(2) Anylhing done or any action taken under the West Bengal
Transport Undertakings (Prevenlion of Tickelless Travel) Ordinance,
1975, shall be deemed lo have been validly done or laken under this Act
as i f this Acl had commenced on the 26th day of September, 1975.

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