ACT AND ORDINANCES
THE ASSAM STATE HOUSING BOARD ACT, 1972
ASSAM ACT VI OF 1977
(Received the assent the President of India on 30th April, 1977)
THE ASSAM STATE TRANSPORT CORPORATION (PREVENTION OF UNAUTHORISED
TRAVEL) ACT, 1977
An act to provide for the provision of unauthorised travel in the transport
vehicle belonging to the Assam State Transport Corporation.
Whereas it is expedient to provide for the prevention of unauthorised
travel in the transport vehicle belonging to the Assam State Transport
It is hereby enacted in the Twenty-Eighth years of the Republic of
India as follows: —
Short title, extent and commencement
1. (1) This Act may be called the Assam State Transport Corporation
(Prevention of Unauthorised Travel) Act, 1977.
(2) It shall extent to the whole of the State of Assam.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires: —
(a) “Fare” means the amount payable for centriage of a
person in a transport vehicle belonging to the Assam State Transport
(b) “Corporation” means the Assam State Transport Corporation
established under Section 3 of the Road Transport Corporation Act, 1950;
(64 of 1950)
(c) “Transport vehicle” means a public service vehicle
as defined in clause (25) of Section 2 of the Motor Vehicle Act, 1939,
belonging to the Corporation; (4 of 1939)
(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 Vehicle Act, 1939. (4
Prohibition against travelling without ticket
3. No person shall travel in any transport vehicle without a proper
ticket issued for the journey.
Supply of ticket on payment of fare
4. Every person travelling in a transport vehicle shall, upon payment
of his fare, be supplied with a ticket for the journey, which such person
intends to perform or has already performed.
Exhibition of ticket
5. Any person who travels in a transport vehicle shall, whenever required
by an employee of the Corporation authorised in that behalf, present
his ticket to such employee for examination.
Penalty for ticketless travel
6. (1) Any person who travels in transport vehicle without having a
valid 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 any fifty rupees or with both and shall also be liable
to pay the excess charge specified in sub-section (2) 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 transport 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
(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 five rupees
whichever is greater.
Penalty for dereliction of duty
7. If an employee of the Corporation whose duty is to supply a ticket
to a person travelling in 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 or with fine, which may
extend to two hundred and fifty rupees or with both.
Power to remove persons from transport vehicles
8. Any person, who travels or attempts to travel in a transport vehicle
without having valid ticket with him or beyond the place authorised
by his ticket or who being inside a transport vehicle, fails or refuses
to present his ticket for examination when required to do so, may be
removed from such vehicle by an employee of the Corporation authorised
in that behalf or by any other persons whom such employee may call to
his aid unless he at once pays the fare.
Obstructing employee of the Corporation in his duty
9. If any person wilfully obstructs an employee of the Corporation
in the discharge of his duty, he shall be punishable with imprisonment,
which may extend to one month or with fine, which may extend to two
hundred and fifty rupees or with both.
Magistrate having jurisdiction under the Act.
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.
Cases to be tried summarily
11. In the trial of offences punishable under this Act, the Magistrate
shall follow the procedure laid down in the Code of Criminal Procedure,
1973 for trial of offences in a summary way. (2 of 1974)
Excess charges to be paid to the Corporation
12. Any amount recovered by way of excess charge under Section 6 shall
be paid to the Corporation.
Overriding effect of the Act
13. The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law.
Power to make rules
14. (1) The State Government may 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 before the State Legislature for a total period of fourteen
days which may be comprised in one or more sessions and if during the
said period the State Legislature 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 anything previously done under the rules.
Repeal and Saving
15. (1) The Assam State Transport Corporation (Prevention of Unauthorised
Travel) Ordinance is hereby repealed. (Assam ordinance III of 1977)
(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).