Section 23 in Sikkim Nationalised Transport Prevention of Ticketless Travel and Miscellaneous Provisions Act, 1981
23. Fraudulent travelling or attempt to travel on a used ticket.
(1)If any person with intent to defraud the Sikkim Transport uses or attempts to use a ticket which has already been used on a previous journey, he shall be punished with imprisonment for a term which may extend to six month or with fine which may extend to five hundred rupees.(2)The person referred to in sub-section (1) shall, in addition to the payment of excess mentioned in sub-section (3) be liable to pay -(a)the ordinary single fare for the distance which he has travelled; or(b)where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the bus originally started; or(c)if the tickets of passengers travelling in the transport vehicle have been examined since the original, starting of the vehicle, the ordinary single fare from the place where the tickets were last examined; or(d)in case of their having been examined more than once, the ordinary single fare from the place where the tickets were last examined.(3)The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare payable under that sub-section or rupees twenty whichever is more(4)Where Sikkim Transport fails to prove any fraudulent intention under sub-section (1), it shall not preclude the Magistrate from passing an order that the person shall be liable to pay the ordinary single fare and the excess charge.(5)Where a person fails or refuses to pay the excess charge and the ordinary single fare, the sum shall be recoverable as if it were a fine imposed by a Magistrate.(6)Notwithstanding anything contained in section 75 of the Indian Penal Code, the Court imposing any fine of any sum recoverable as fine, may direct that the person in default of payment shall suffer imprisonment for a term which may extend to three months.(7)Out of any amount recovered under this section, the excess charge and the ordinary single fare shall be paid to the Sikkim Transport before any portion of that amount is credited as" fine to the Government.
