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