Section 460H in The Mumbai Municipal Corporation Act, 1888
460H. Levy of fares and charges for transport services [and penalty for failure to pay proper fares and excess charges.] [These words were added by Maharashtra 42 of 1976, Section 12(b).]
(1)Fares and charges shall be leviable for the conveyance of passengers or for the carriage of goods by any means of transport provided by the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted for the words 'Brihan Mumbai Electric Supply and Transport Undertaking' by Maharashtra 25 of 1996, Schedule.] at such rates as may from time to time be fixed subject to the provisions of any enactment for the time being in force and any licence granted to the corporation thereunder, by the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Member-in-Charge' by Maharashtra 27 of 1999, Section 167(a), (w.e.f. 23-4-1999).] with the approval of the corporation.[Provided that, no fare or charge shall be leviable from the freedom fighters holding identity cards issued by the Central or State Government, or from the freedom fighters holding identity card-cum-pass issued by the [Brihan Mumbai Electric Supply and Transport Undertaking] [This proviso was added by Maharashtra 12 of 1993, Section 6.]].(2)A printed list in English, Marathi, Hindustani and Gujarati of all the fares and charges levied for the time being under this section shall be exhibited in a conspicuous place inside each vehicle used by the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted for the words 'Brihan Mumbai Electric Supply and Transport Undertaking' by Maharashtra 25 of 1996, Schedule.] for the conveyance of the public.(3)The fares and charges levied under this section shall be paid to such persons, at such places upon or near the prescribed route of the transport service, and in such manner and under such regulations, as the [General Manager] [These words were substituted for the words 'Brihan Mumbai Electric Supply and Transport Committee' by Maharashtra 10 of 1998, Section 202(b).] shall, by notice to be annexed to the list of fares, appoint.(4)[ (a) If a passenger travelling or having travelled in any vehicle of the [Brihan Mumbai Electric Supply and Transport Committee] [Sub-sections (4), (5), (6) and (7) were substituted by Maharashtra 42 of 1976, Section 12(a).] avoids or attempts to avoid payment of the fare for his journey, at the rates fixed by the Undertaking, or(b)if a passenger having paid the fare for a certain distance proceeds in such vehicle beyond that distance and does not pay the additional fare for the additional distance or avoids or attempts to avoid such payment,he shall be liable to pay, on demand, by any officer or servant of the Undertaking authorised by the General Manager, an excess charge of [equal to ten times of the fare due] [These words were substituted for the words 'ten rupees' by Maharashtra 24 of 2006 (w.e.f. 18-7-2006).] or such lower sum as the General Manager, with the approval of the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Member-in-Charge' by Maharashtra 27 of 1999, Section 167(b), (w.e.f. 23-4-1999).], may determine in this behalf. The liability to pay this excess charge shall be in addition to his liability to pay the ordinary single fare for the distance he has travelled. Where there is any doubt as to the stop from which he started, such fare shall be calculated from the stop from which the vehicle originally started. Where any passenger has travelled additional distance, the liability to pay the excess charge shall be in addition to his liability to pay the difference between any fare paid and the fare payable for the additional distance travelled.(5)If a passenger liable to pay the excess charge with the fare or the additional fare, as the case may be, as provided in sub-section (4) is willing to pay the amount due but is unable to pay the same on the spot, he may give his true name and address to the officer or servant of the Undertaking authorised under sub-section (4) and an undertaking in the form settled by the Undertaking to pay the amount due within fifteen days by money order or in cash to the officer of the Undertaking specified in such form. If the passenger fails to pay the amount or any portion thereof accordingly within fifteen days from the date on which he was called upon to pay the amount, he shall, on conviction, be punished with imprisonment for a term which may extend, to one month, or with fine which may extend to two hundred rupees, or with both.(6)If a passenger liable to pay the excess charge with the fare or the additional fare, as the case may be, as provided in sub-section (4) refuses to pay the amount due or any portion thereof on demand being made therefor by any officer or servant of the Undertaking authorised under sub-section (4), he shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.(7)It shall be lawful for any authorised officer or servant of the Undertaking and all persons called in by any of them for his assistance, to arrest and hand over to the Officer- in-Charge of the nearest police station any passenger, who commits or attempts to commit contravention of sub-section (4), and who on demand refuses to give his true name and address or where there is reason to believe that the name or address given by him is not correct. Such police officer shall adopt such legal measures as may be necessary to cause that person to be taken before a Metropolitan Magistrate with the least possible delay.]
