Chapter IX Chapter IX

Offences and Penalties

1. (1) If any person, in any carriage of tramway system, or any tramway station or upon any other part of the tramway system premises-
   • (a) is in a state of intoxication; or
   • (b) commits any nuisance or vandalism or act of indecency, or uses abusive or obscene language; or
   • (c) willfully or without excuse interferes in any way with the comfort of any passenger or with any tramway official while in the lawful discharge of his duties; or
   • (d) is found smoking; he shall be punishable with fine which may extend to ten thousand rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such coach, carriage, tramway station or other part of the tramway system premises by any tramway official authorized by the tramway operator in this behalf. Nothing, in this sub-section shall affect the provisions of any other law for the time being in force or shall be construed as limiting the power of the State Government to prescribe additional offences by rules made in this behalf or of the power of the tramway operator to prescribe additional offence by regulations made in this behalf.
2. (2) If any tramway official is found in a state of intoxication while on duty, he shall be punishable with fine which may extend to twenty thousand rupees or, where improper performance of his duty is likely to endanger the safety of any passenger travelling or being upon the tramway system, with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees, or with both.

1. (1) If in contravention of sub-section (1) of section 27, a person takes or causes to be taken any offensive material in any coach or carriage or upon the tramway system or within any part of the tramway system premises, he shall be punishable with fine of five thousand rupees.
2. (2) In addition to the fine that may be imposed under sub-section (1), if a person takes or causes to be taken any offensive material in any coach or carriage or upon the tramway system, or within any part of the tramway system premises, he shall be responsible, in addition to any fines that may be imposed upon him under sub-section (1), for any loss, injury or damage which may be caused by reason of such material having been so brought upon the tramway system.

1. (1) If, in contravention of this Act or rules made hereunder, a person takes or causes to be taken any dangerous material in any coach or carriage or upon the tramway system or within any part of the tramway system premises, he shall be punishable with imprisonment for a term which may extend to four years or with fine which may extend to five thousand rupees or both.
2. (2) In addition to the penalties specified in sub-section (1), if a person takes or cause to be taken any dangerous material in any coach or carriage or upon the tramway system, or within any part of the tramway system premises, he shall be responsible, in addition to any fines that may be imposed upon him under sub-section (1), for any loss, injury or damage which may be caused by reason of such material having been so brought upon the tramway system.

1. (1) No demonstration of any kind whatsoever shall be held on any part of the tramway system or other tramway system premises and it shall be open to the tramway operator to remove from any part of the tramway system premises any person attending such demonstration whether or not he is in possession of a pass or ticket entitling him to be in the said part or other premises.
2. (2) No person shall paste or put up any poster or write or draw anything or matter in any coach or carriage of the tramway system, or any part of the tramway system or the tramway system premises, without any lawful authority and any person found engaged in doing any such act may be removed from the coach or other part of the tramway system premises by any tramway official authorized by the tramway operator in this behalf.
3. (3) Whoever contravenes any of the provisions of sub-section (1) or subsection (2) or on being asked by any tramway official, to leave any carriage or any part of the tramway system premises refuse to do so, shall be punishable with a fine of ten thousand rupees.

If any passenger travels on the roof of a coach or carriage of the tramway or persists in travelling in any part of a tramway not intended for the use of passengers or projects any part of his body out of a tramway after being warned by any tramway official and entrusted with such duty, to desist, he shall be punishable with fine of five thousand rupees, and shall also be liable to be removed from the tramway by any tramway official authorized by the tramway operator in this behalf.

1. (1) If a person enters into or upon the tramway system premises without any lawful authority or having entered with lawful authority remains there unlawfully and refuses to leave on being requested to do so by any tramway official, he shall be punishable with imprisonment for a term which may extend to six months or with fine of five thousand rupees.
2. (2) If any person walks on the tramway system track without any lawful authority, he shall be punishable with imprisonment for a term which may extend to six months or with a fine of twenty thousand rupees, or both.

If any tramway official or any person authorized by a tramway operator appointed under an order or an agreement as the case may be, and entrusted with a duty relating to the tramway system, when on duty endangers the safety of any passenger-

1. (a) by any rash or negligent act or omission; or
2. (b) by disobeying any rule, regulation or order which such official or person was bound by the terms of his employment to obey, and of which he had notice, he shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to five thousand rupees, or with both.

If any tramway official, when on duty, is entrusted with any responsibility connected with the running of a tramway, or any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place, without authority or without properly handing over such tramway or rolling stock to another authorized tramway official, he shall be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both.

If any person obstructs or causes to be obstructed or attempts to obstruct any tramway carriage way or rolling stock on the tramway system by squatting, picketing or keeping without authority any rolling stock on the tramway system or tampering with any signalling or other installations or by interfering with the working mechanism thereof, or otherwise, he shall be liable to be removed by any tramway official, authorized by the tramway operator in this behalf and shall also be punishable with imprisonment for a term which may extend to six months or with a fine of twenty-five thousand rupees, or both.

If any person willfully obstructs or prevents the discharge of his duties by a person duly authorized to discharge any such duties, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

1. (1) If any passenger-
   • (a) travels in the tramway system without having a proper pass or ticket with him; or
   • (b) being in or having alighted from a tramway, fails or refuses to present for examination or to deliver up his pass or ticket immediately on requisition being made therefor, he shall be liable to pay, the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the tramway originally started.
2. (2) If any passenger travels or attempts to travel in a coach or travels in or on a coach beyond the place authorized by his pass or ticket, he shall be liable to pay, the excess charge mentioned in sub-section (3) in addition to any difference between any fare paid by him and the fare payable in respect of the journey he has made.
3. (3) The excess charge referred to in sub-sections (1) and (2) shall be one hundred rupees.

If any passenger or any other person without reasonable and sufficient cause, makes use of, or interferes with, or tampers with fire-extinguisher or such other safety measures or any means provided in a tramway, for communication between passengers and the tramway official, in charge of the tramway, or misuses alarm bell of the tramway, he shall be punishable with fine which may extend to ten thousand rupees.

1. (1) If any person willfully breaks the security code of any pass or ticket, or alters or counterfeits or duplicates it, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or both.
2. (2) If any person willfully defaces any pass or ticket while travelling on the tramway system or while or before the presentation thereof for examination by or before the delivery thereof on requisition being made therefore by a person authorized in this behalf by the tramway operator, he shall be punishable with fine which may extend to ten thousand rupees.

If any person without lawful authority in this behalf:-

1. (a) pulls down or willfully damages any board, document or gadgets posted or set up by the order of the tramway operator on the tramway system, or any rolling stock, or
2. (b) obliterates or alters any letters or figures upon any such board, document or gadget or upon any rolling stock, he shall be punishable with fine which may extend to ten thousand rupees.

If any person sells or exposes for sale, any article whatsoever in any coach or carriage or upon any part of the tramway system premises not authorized by the tramway operator, he shall be punishable with fine of five thousand rupees.

1. (1) If any person -
   • (a) loosens or displaces any rail or any other matter or thing belonging to the tramway system;
   • (b) turns, moves, unlocks or diverts any point or other machinery belonging to the tramway system;
   • (c) does or causes to be done any act of sabotage in relation to any tramway or to the tramway system with intent or with knowledge that it is likely to endanger safety of any person upon the tramway system or any part of the tramway system; he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years: Provided that in the absence of special and adequate reasons where a person is punished with rigorous imprisonment, such imprisonment shall not be less than,-
     • (i) three years in the case of first conviction; and
     • (ii) seven years in the case of conviction for the second or subsequent offence.
2. (2) If a person unlawfully does any act of sabotage or any other act referred to in sub-section (i) with intent to cause the death of any person, or with knowledge that such act is so imminently dangerous that it must in all probability cause the death of any person or such bodily injuries to any person that is likely to cause the death of any person, he shall be punishable with death or imprisonment for life.

If any person not being duly authorized in this behalf, sells or attempts to sell any ticket or pass in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the ticket or pass which he sells or attempts to sell.

If any person unlawfully throws or causes to fall or strike at, against, into or upon any rolling stock forming part of a tramway, any wood, stone or other matter or thing with intent, or with knowledge that it is likely to endanger the safety of any person being in or upon such rolling stock or in or upon other rolling stock forming part of the same tramway or with the knowledge or intent of causing any damage to the tramway system, he shall be punishable with imprisonment for life or with imprisonment for a term which may extend to ten years.

If any person in a rash or negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon the tramway or to the tramway system, he shall be punishable with imprisonment for a term imprisonment for a term which may extend to one year, or with fine, or with both.

Whoever, with intent to cause or knowing that he is likely to cause or causes damage to or destruction of any of the properties of the tramway system as defined in clause (25) of section 2 by fire, explosive substance or otherwise to such premises, he shall be punishable with imprisonment for a term which may extend to ten years.

If any person by unlawful act or by any willful omission or neglect or by tampering with safety devices, endangers or causes to be endangered the safety of any person travelling on or being upon on any tramway or endangers the tramway system, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any tramway system, he shall be punishable with imprisonment for a term which may extend to seven years: Provided that in the absence of special and adequate reasons such imprisonment shall not be less than-

1. (a) six months in the case of first conviction; and
2. (b) two years in the case of conviction for the second or subsequent offence.

If any person claiming compensation under Chapter VIII makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

1. (1) If any person commits any offence under sections 46, 50, 51, 59, 61, 63, 64 and 65 any police officer not below the rank of Head Constable, may without warrant arrest him.
2. (2) A person so arrested shall be produced before the nearest Magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Court of the Magistrate.

1. (1) No person suffering from infectious or contagious diseases as may be prescribed, shall travel by the tramway system.
2. (2) Any person travelling in contravention of sub-section (1) above shall be liable to be removed from the tramway system.