CHECK AND COLLECTION OF PASSENGER TICKETS
501. Object of check and collection of tickets.—Passengers' tickets are checked and collected with the object of :
(i) ensuring that every passenger is in possession of a proper ticket (or other authority) entitling him to travel by the particular class or train or to enter railway premises;
(ii) examining whether the tickets have been issued in conformity with the prescribed rules and instructions; and
(iii) seeing (ultimately) that the tickets have been correctly accounted for in railway books.
502. Measures for combating ticket less travel and check of tickets.—
Vigorous and sustained efforts should be directed towards combating ticket less traveling. The tickets of the passengers should be checked :
(i) when they are entering the platform for entraining ;
(ii) en route, by the ticket checking staff; and
(iii) at destination, where the tickets should also be collected.
503. Ticket nippers.—(a) The following kinds of nippers will be used for the purpose of checking and canceling the tickets:—
(i) gate nippers, which cut out a 'V portion from the tickets; (ii) checking nippers, which emboss on the ticket ;
(1) a letter or letters to indicate the railway; and
(2) another letter to indicate Division/area of the railway to which the checking staff is attached, followed by a number to identify the checking staff;
(3) cut out a semi circle mark from the ticket.
(iii) canceling nippers, which cut out an 'M' portion from the tickets.
These nippers will be used at the starting, en route and destination stations respectively.
(b) When nippers are not available or in the case of paper tickets, etc. where nippers cannot be used, the Ticket Collector/Traveling Ticket Examiner should show the date and train number under his initials in indelible pencil or ink on the reverse of the ticket.
504. Provision offences and barricades at stations.—To facilitate effective check and collection of tickets, all important stations should, as far as possible, be properly fenced or barricaded so that no person may be able to enter or leave the platform without having to pass through the gate and showing his ticket. Station Masters should frequently inspect the fencing and arrange to have unauthorized outlets closed.
505. Station Masters of stations not provided with proper fencing should, when trains stop at their stations, depute one or more members of their staff, to assist the Ticket Collector or any other member of the staff performing the duties of ticket checking in seeing that no person enters or leaves the train without his ticket or pass being examined or collected.
506. Checking and nipping of tickets at stations of commencement of journey.—(a) No person should be allowed to enter the platform of a station without a proper pass or a ticket. At stations, where Ticket Collectors are provided all the card tickets of passengers admitted to platforms should be nipped with the gate nippers. At other stations the tickets should be so nipped by the Booking Clerk before handing over the tickets to the passengers. The tickets should be nipped at the centre of the bottom portion as shown in the specimen below—
(b) The nipping should be done carefully so that the matter on the ticket is not cut out.
507. Children's tickets.—Ticket Collectors, while admitting children through gates, should exercise proper vigilance so that children of over, five years of age do not entrain without proper tickets. Similar check will be exercised at the time of passing children who have alighted from train. In the event, however, of any dispute as to the age, reference should be made to the Station Master on duty, who should, after personally seeing the child decide whether excess fare should be collected or not.
508. Checking and nipping of platform tickets.—Platform tickets should be nipped at the time of admittance of the holder to the platform in the same manner as passenger tickets. Care should be taken to see that only one platform ticket per head is nipped. If any person is found with an un nipped platform ticket, the matter should be reported to the Station Master concerned who should institute further enquiries.
509. Platform tickets are valid for two hours from the time of issue which is indicated on them vide para 248. These tickets should be collected, before the holder leaves the station, and sent to the Traffic Accounts Office daily along with other collected tickets (see para 517).
510. Collection of tickets.—(a) Station Masters are personally responsible for making adequate arrangements at their stations to ensure that passengers leave the platforms only through the proper exits, after surrendering or showing their tickets or passes. The efficiency or otherwise of these arrangements will be judged from the number of tickets missing in collection. In collecting tickets or passes it should be seen that every passenger holds a proper ticket or pass, that the ticket or pass is for the station to which, and the train and class of carriage by which, he travels and that the time allowed for the completion of journey has not been exceeded. It should also be seen that the passenger has not traveled with excess un-booked luggage.
(b) In the case of tickets issued in exchange of Privilege ticket orders and concession orders, season tickets, soldier's tickets, circular journey tickets, etc., it should be seen that the person traveling is the one who is properly entitled to use the ticket Similar checks should be exercised in the case of free pass holders also.
(c) Irregularities in tickets noticed during the course of collection of tickets such as undated tickets, tickets bearing duplicate numbers or twice dated, etc., should be properly investigated and a report submitted to the Divisional Office and to the Traffic Accounts Office concerned.
511. Cancellation of collected tickets.—All collected card tickets including tickets issued from the self printing machines should, immediately after the departure of the train by which they have been collected, be nipped (by the person collecting them) on the bottom broad edge with the canceling nipper, so that they may not be used any further. In addition, they should be stamped in the dating machine on the back (on the face in the case of return journey tickets), date, month and year of collection. When they cannot be so stamped, the date of collection should be written in ink on the back. In stamping the date of collection care should be taken to see that the same is not stamped on the date of issue already appearing on the tickets.
All paper tickets etc., which cannot be stamped in the dating machine, should be endorsed with the word 'cancelled' in ink with date of collection and signed by the person collecting them.
512. When a train is running late and reaches a station on a later date than that on which, according to the time table, it is due to arrive, the tickets collected from the passengers travelling by such train should be stamped with the.due date instead of the actual date of arrival. Should the train arrive after the despatch of the collected tickets for the previous day, the collections from it should be forwarded separately with an advice note to the Traffic Accounts Office. On no account is a ticket to be returned from the collecting station to the station at which the passenger commenced his journey, and the Station Master or Booking Clerk of the starting station is prohibited from issuing and forwarding a ticket to the station at which the passenger alights, in order to correct any error made.
513. Register of collected tickets and Ticket Collector's report (Forms Com./ T. 10 Rev. and Com./T. 8 Rev.).—(a) After the collected tickets have been cancelled in the manner prescribed in para 511, they should be sorted and arranged according to 'station from', in the progressive order of their numbers, by classes and vias, single or return, and entered in the 'register of tickets collected', which will be prepared in duplicate by carbon process, separate pages being used for local and through tickets. The printed card tickets will be entered in Form Com./T. 10 Rev. and the blank paper tickets, excess fare tickets, soldier's tickets, etc., will be posted in Form Com./T. 8 Rev. The original (pencil) copy will be retained as station record and the carbon copy will be submitted to the Traffic Accounts Office, vide para 517.
(b) The tickets collected by each train should be entered separately and the train number recorded in the space provided in the forms. In the case of suburban tickets, the registers will be posted after every two hours and not train-wise, the time being indicated on the top of each column.
(c) At the end of the day, the total number of printed card tickets collected for each series should be worked out separately and entered in the column headed Total tickets'. These tickets should then be added together to arrive at the grand total. The percentage of tickets missing in collection to total tickets issued (i.e. tickets collected plus missing tickets) should be worked out and recorded in the register.
(d) When no through tickets are collected, a remark to this effect should be made on the page on which local tickets have been entered. In such cases, it will not be necessary to submit to the Traffic Accounts Office a separate 'NIL' return in respect of through tickets.
(e) The entries in the register should be grouped according to classes, and the tickets collected by one route should be entered together, the route being entered on the top of the respective entries.
(f) All irregular printed card tickets, i.e. tickets for destinations other than the collecting station or those collected out of series or tickets on which excess fares have been collected, etc., should be carefully entered in the space prowled for the purpose.
514. At the end of the month, a statement showing the percentage of missing tickets for each date should be prepared and submitted to the Divisional Commercial Superintendent. If the percentage of missing tickets is high, the Station Master should record his reasons for it, and also indicate the action he has taken or proposes to take to tighten the procedure for collection of tickets so as to reduce the percentage. Such statements should be signed by the Station Master personally.
515. (a) The collected tickets for the first train/period of the day, duly sorted and posted in the register in the manner explained in para 513, will be kept separately for each series. The tickets collected by subsequent trains/periods will be combined with the earlier collection according to the relevant series and thus at the end of the day the tickets will be available duly sorted in order of station from, in the progressive order of their numbers, by classes, etc. The tickets with the highest number of each printed card series should be picked up and tied in separate bundles for local and through traffic. The following particulars should be written legibly on the wrappers of these bundles:—
(i) name of the collecting station (to be stamped);
(ii) date of collection; and,
(iii) the words 'Local/Through highest numbers'.
(b) The irregular collected printed card tickets, including those on which excess fares have been collected, should be tied in a separate bundle, which will also be marked and identified in the manner prescribed in (a) above.
The remaining printed card tickets will be tied in convenient size bundles separately for local and through traffic.
(c) Blank paper, soldier including check soldier tickets with lower portions of IAFT. 1752, excess fare tickets, etc., should be arranged in the order of their entries in the register and stitched to the left hand top corner of the relevant Ticket Collector's Report.
516. Custody of collected tickets.—All collected tickets should, from the time they are collected to the time they are sent to the Traffic Accounts Office, be kept in safe custody and on no account unauthorized persons be allowed to have access to them.
517. Submission of collected tickets, passes, etc., and Ticket Collector's reports.—All collected tickets and passes sorted out and tied in the manner indicated in para 515 should be submitted daily to the Traffic Accounts Office along with the relevant Ticket Collector's report. These should be sent in bags specially provided for the purpose, by the notified trains, on the day following their collection. When there are no collected tickets (whether printed or paper tickets, free passes, etc.) for submission, a 'NIL' report should be forwarded for the information of the Traffic Accounts Office. The mouth of the bag should be carefully tied and sealed so that no ticket may slip out. Bags will be returned daily to the stations concerned booked under free service waybill and the delay, if any, in their return should be reported to the Traffic Accounts Office for enquiry.
518. Submission of journey forms collected from Members of Parliament.—(a) For the purpose of maintaining account of journeys performed by the Members of Lok Sabha or Rajya Sabha, the members are required to fill up a form as shown in Appendix V/A and hand it over duly signed to the ticket collecting staff on the termination of their journey at the detraining station. Ticket Collectors should politely insist on this form being handed over.
(b) To avoid any inconvenience to the Members of Parliament, who may not have these forms readily available with them, the stations will indent and stock the alternative journey forms as per specimen shown in Appendix V/B. These forms will be in three counterfoils, machine numbered and bound in books. The station staff should fill in the particulars in the form and obtain the Member of Parliament's signature. The member's foil should be handed over to the Member of Parliament, the Accounts foil should be sent to the Traffic Accounts Office and the Record foil retained at the station. When printed forms are not readily available, the staff should prepare the form in manuscript and obtain the Member of Parliament's signature.
519. The particulars of the journey forms collected should be entered in a separate manuscript register which should be posted in duplicate by carbon process. These journey forms should be sent daily to the Traffic Accounts Office duly listed in a covering memo. At the end of the month one copy of the manuscript register should be sent to the Traffic Accounts Office and the other copy retained as station record.
520. Check of 'Student Concession' tickets.—The ticket checking staff both at stations and in train should check the tickets, which are endorsed 'Student Concession' with reference to name, age, sex and, in case of doubt, with the signature of the student as per the 'student foil'.
521. Check of tickets at ticket checking stations.—(a) The ticket checking stations at which the tickets held by passengers will be checked, are notified to the staff by each railway administration.
(b) The ticket checking staff at such stations must institute a thorough check of all passengers and their luggage in trains and emboss the card tickets with the checking nipper. In the case of blank paper tickets, cheque passes, etc., these may be initialled with date, train number, and code initials of the station.
(c) The work of checking passengers' tickets and their luggage at stations should be done in a manner which, while ensuring an effective check, causes the least inconvenience to the passengers. All cases of irregular or faked tickets or those bearing any sign of having been altered in any way, should be brought to the notice of the Station Master who should, if necessary, communicate with the issuing station or take such other action as might appear best to him. All cases of doubtful nature should be reported to the Divisional Office and to the Traffic Accounts Office.
(d) The Ticket Collectors and Travelling Ticket Examiners must ensure that passengers travel by the route by which they are booked. Passengers detected travelling by a wrong route should be dealt with in accordance with the rules laid down in I. R. C. A. Coaching and Military Tariffs.
522 Duties of Traveling Ticket Examiners.—(a) The duties of Travelling Ticket Examiners are to travel over their 'beats' to check irregularities of all kinds connected with passengers travelling without tickets, with tickets out of date or otherwise irregular, overriding or travelling in higher class carriages than they hold tickets for, or travelling by trains by which their tickets are not valid, to check the luggage of passengers, to see that it is correctly booked and to detect and prosecute or to a report against persons who cheat or attempt to cheat the railway of its legitimate dues, and to recover such dues. They must examine the luggage tickets held by passengers and see on how many tickets the free allowance has been given and whether such tickets are actually held by the passengers. The tariff rules with regard to the carriage of over-sized packages, dogs, birds, etc., with owners should also
(b) In their dealings with the travelling public, the Travelling Ticket Examiners should always bear in mind that passengers holding proper tickets some time feel annoyed at being called upon to produce their tickets, particularly if this is required frequently during their journey, and such passengers are likely to look on the work of ticket checking as involving harassment. Ticket checking staff should, therefore, note that in the performance of their duties, the greatest tact and politeness is no less important than the necessary firmness.
(c) Travelling Ticket Examiners should examine horse boxes and live-stock wagons on goods trains to see that there are no excess drovers or other unauthorized persons and that they are not carrying excess kit or excess luggage -with them. Similar checks should be conducted in respect of brake vans of goods and passenger trains and engines to apprehend irregular travelling.
523. Checking of unauthorized passengers travelling in compartments reserved for watermen, railway police, postal staff, pay clerks, etc. or Dining Cars etc.—
(a) On all trains these compartments must be specially checked for the purpose of detecting persons travelling without tickets or passes or with unbooked luggage and other unauthorised persons.
(b) These checks should be carried out in a manner as to cause the least inconvenience to the occupants of these compartments. In the case of postal compartments, the checking staff should see that the internal arrangements of the mail and mail bags are not interfered with. Should it not be possible to carry out the check without such interference and the inspecting official requires the bags to be removed to enable him to search under them, he must call upon the sorter incharge to do so.
(c) Unless otherwise notified by the railways, the second class passengers will be permitted to use the Restaurant Cars' only during the meal time and only when they order full meals, as distinct from a la carte dishes. Passengers holding second class tickets found travelling in Restaurant Cars beyond the specified meal timings or travelling during meal hours but not ordering full meals will be treated as travelling with improper tickets and shall be charged the difference in fares between the first class and the class of ticket held, with excess charge.
Passengers are required to vacate the Restaurant/Dining Cars as soon as they have finished taking over meals. If any passenger fails to do so immediately where cars are vestibuled, or at the first halt where the cars are not vestibuled, prescribed charges should be recovered from him and an excess fare ticket issued. This rule applies to all classes of passengers.
(d) Managers of departmentally managed Dining Cars are authorised to check passenger tickets in Dining Cars and if any one is found without ticket, the Travelling Ticket Examiner or Guard/Conductor of the train should be advised by them for taking necessary action.
524. Checking of tickets of lady passengers travelling in compartments reserved for ladies exclusively.—The checking of compartments reserved for females will ordinarily be done by Lady Ticket Collectors/Examiners. Male Ticket Collectors or Travelling Ticket Examiners must not enter "Females" compartments but may check their tickets from the platforms only.
525. Examination of paper tickets.—All paper tickets (including soldier's coupon, special and excess fare tickets, and emergent police passes, etc.) should be examined during the course of check of tickets at ticket checking stations and should be entered at once by the staff deputed on checking duty in the Ticket Collector's pocket book in Form Com/P-28 Rev.
526. Return of paper tickets examined:-(a) The entries in the pocket books of several Ticket Collectors deputed on checking duty should be consolidated and copied daily into a return in Form Com/T-7, which should be sent to the Traffic Accounts Office monthly, separate returns being prepared for local and through traffic as indicated below-
(i) for tickets issued locally over the railway ;
(ii) for tickets issued from the home railway to stations on other railways ; and
(iii) for tickets issued from other railways to stations on the home railway or crossing the home railway.
(b) A 'Nil' return should be sent to the Traffic Accounts Office when no paper tickets have been examined.
(c) Station Masters should see that Ticket Collectors enter in this return all paper tickets that have been examined during the day, particular care being taken to show correctly the name of the destination station and route.
527. Passengers with short distance tickets found traveling in a coach reserved for long distance passengers.—A passenger holding a ticket for a short distance, found travelling in a coach reserved for long distance passengers, will be asked to vacate the coach at the station of detection unless he pays the difference between the fare for the minimum permissible distance for travelling in that coach and the fare paid.
528. Passengers with short distance tickets found traveling by restricted trains.—A passenger, found traveling with a short distance ticket in a train on which the distance restriction applies, will be charged the difference between the fare paid and the fare to the nearest station to which he should have properly purchased a ticket by that train. Where the distance between the station at which the passenger entrains and the destination of the train itself is less than the minimum distance prescribed for the train, he will be liable to pay the difference between the fare paid and the fare for the minimum distance. But a passenger who holds a ticket for a station beyond the restricted distance and detrains short of the minimum distance, travel upto which is restricted, is not to be penalized in any manner.
529. Persons travelling in postal vans.—Railway Mail Service staff are supplied with metal tokens for travelling in postal vans. Any person in a postal van who is unable to produce his token, must be treated as a passenger travelling without ticket in a first class compartment. The matter should also be reported to the Divisional Commercial Superintendent for taking up with the postal authorities.
530. Mendicants travelling without ticket.—Faqirs, sadhus and other mendicants, who travel without ticket and have no money, should be sent up for trial under section 137, and not under section 138 of the Railways Act, as they obviously intend to defraud the railway. The charge-sheets with which such persons are made over to the police, must be carefully prepared showing that prosecution is, to be undertaken under section 137 of the Railways Act.
The staff must prevent, as far as possible, such persons coming on to platforms, and boarding trains, unless they are in possession of proper tickets. Checking staff and Guards should make it a point to as certain whether or not such men have tickets whenever they see them in their trains, and, if without tickets, remove them from trains and make them over to the station staff at the first stopping station for prosecution.
In all cases where indigent persons are found traveling without tickets, the staff should obtain particulars of the station at "which such individuals entrained. This information should be verified, if possible, by reference to other passengers traveling in the same carriage. The matter must then be reported to the Divisional Commercial Superintendent, who will take suitable action against the staff at the entraining station for allowing the passengers to entrain without tickets.
531. Checking of tickets and passes of passengers travelling by goods trains.—Guards in charge of goods trains must check tickets and passes of passengers who travel in their brake vans to ensure that the tickets or passes are actually available for such travel. It should also be seen by the Guards that such passes/tickets are collected by the staff at destination stations.
532. Powers to remove persons from railway carriages.—Passengers, who travel without proper tickets or any other authority, or who do not present for examination or deliver up their tickets on demand and fail to pay the charges due, should be removed from the carriage under section 139 of the Railways Act which reads as under—
"Section 139.—Any person failing or refusing to pay the fare and the excess charge referred to in section 138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal:
Provided that n6thing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket:
Provided further that a woman or a child if unaccompanied by a male passenger, shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day."
533. Railway servants authorised to remove passengers from railway carriages.—The following railway servants, when on duty and in uniform, or otherwise when they are in possession of Identity Cards/letters of authority authorising them to check in 'Mufti', are empowered to remove a passenger from a railway carriage under section 139:—
(i) Station Master ;
(ii) Assistant Station Master ;
(iii) Guards/Conductors ;
(iv) Chief/Head Ticket Inspectors/Collectors ; and
(v) Ticket Collectors/Examiners.
534. Fraudulently travelling or attempting to travel without proper pass or ticket.—If a passenger, with intent to defraud the railway, travels or attempts to travel without a proper pass or ticket with him, he should be prosecuted under section 137 of the Railways Act, which reads as under—
"Section 137— (1) If a person, with intent to defraud a railway administration,—
(a) enters or remains in any carriage on a railway or travels in a train incontravention of section 55, or
(b) uses or attempts to use a single pass or single ticket which has already been used on a previous journey or, in the case of a return ticket, a half thereof which has already been so used,
he shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a five hundred rupees.
(2) The person referred to in sub-section (1) shall also 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 stations from which he started, the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined.
(3) The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare referred to in that sub-section or fifty rupees, whichever is more.
(4) Notwithstanding anything contained in section 65 of the India Penal Code, the Court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months."
535. The essential ingredients of the offence under section 137 is the intention to defraud, and the burden of proof thereof is on the prosecution, viz., railway administration. Merely travelling without ticket does not constitute an offence under section 137 of the Railway Acts, and this fact should be strictly borne in mind by the ticket checking staff while dealing with cases of passengers found travelling without ticket. Where there are elements in the facts of any case which indicate the intent to defraud, such as getting down on the off-side, trying to escape by the end of the platforms, hiding himself in a lavatory when a Ticket Collector or Travelling Ticket Examiner comes for checking, etc., such cases should invariably be dealt with under section 137. But when the evidence available is not capable of proving the intention to defraud the railway, the passenger should not be dealt with under section
536. (a) If a railway servant detects a passenger travelling without a ticket or with an improper ticket with intent to defraud the railway, he should be arrested and produced before a Magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate. A charge-sheet will be prepared in quadruplicate by carbon process in form Com/C-12 Rev. separately for each person, showing the details of the accused and the offence committed by him warranting action under section 137.
(b) The Magistrate on conclusion of the case, will enter his orders in the result-slip, detach it from the charge-sheet and return it to the official from whom received. Advice of the orders passed by the Magistrate will also be communicated to the Divisional and Traffic Accounts Offices.
537. Travelling without a pass or ticket.—If a passenger travels without a proper pass or ticket and his intention to defraud the Railway Administration cannot be proved, he should be dealt with under section 138 of the Railways Act which reads as under—
"Section 138—(1) If any passenger—
(a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on demand being made there for under section 54, or
(b) travels in a train in contravention of the provisions of section 55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, 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 train originally started, or, if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or in the case of their having been examined more than once, were last examined.
(2) If any passenger—
(a) travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket; or
(b) travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant authorized in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in subsection (3)
(3) The excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be, or fifty rupees, whichever is more:
Provided that if the passenger has with him a certificate granted under subsection (2) of section 55, no excess charge shall be payable.
(4) If any passenger liable to pay the excess charge and the fare mentioned in sub-section (1), or the excess charge and any difference of fare mentioned in subsection (2), fails or refuses to pay the same on a demand being made therefore under one or other of these sub-sections, as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case maybe, for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order if to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month but not less than ten days.
(5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration.
538. Section 140 empowers a trying Magistrate to order a person habitually committing or attempting to commit an offence under sections 137 and 138 of the Railways Act to execute a bond of good behavior. Advantage of this section must be taken by the staff concerned for putting down habitual ticket less traveling particularly on the part of students, workmen, market-vendors, unlicensed hawkers and train beggars.
539. For the purpose of speedy prosecution of passengers who have committed offences under the Railways Act, special Railway Magistrates have been appointed who hold courts at stations which are notified by each railway. At other stations, where Railway Magistrates' courts are not situated, the Station Masters should arrange for the prosecution of ticket less travelers, beggars, hawkers, etc., in the nearest Railway Magistrate's court or the local court if there is one.
540. Arrest of passengers under section 138 of the Railways Act.—If any railway servant detects a passenger travelling without a ticket or with an improper ticket without intent to defraud, he must first demand from the passenger the amount due under section 138 of the Railways Act. If the passenger pays the amount demanded, no further action should be taken against him. Should be not pay it, the railway staff should demand the name and address which should be recorded and an application made to the Magistrate, within whose jurisdiction the passenger is found travelling irregularly, to realize from him the amount of excess charge and fare. The Magistrate will then recover it through his Court as if it were a fine imposed by him. The question of arresting the passenger in such circumstances or of producing him before the Magistrate should not arise. But when the passenger refuses to give his name and
address, or there is good reason to believe that the name and address given are incorrect or that he will abscond, he may be arrested and produced before the Magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate unless he is released earlier on giving bail with a charge-sheet in Form Com./C-12 Rev. indicating—
(i) that the passenger was detected travelling in the train without a pass or ticket or with insufficient pass or ticket or was travelling beyond the authorized distance;
(ii) that a demand was made on him to pay the excess charge or the fare due; and
(iii) that he failed or refused to pay the charges demanded.
The onus to prove that the name and address given by the passenger are incorrect devolves on the railway staff.
541. Arrest of persons guilty of an offence under section 137 or persons who refuse or fail to pay the charges due under section 138.—(a) An offence under section 137 is cognizable and passengers who travel without ticket in contravention of section 55 with intent to defraud or cheat the railway should be dealt with under this section. It also applies to passengers found re-using a ticket or pass or half of a return ticket which has already been used. The offender may be arrested without warrant or other written authority, by a railway servant or police officer, or by any other person, whom such servant or officer may call to his aid under section 179 of the Railways Act. A person so arrested shall, be taken before a Magistrate having authority to try him or commit him for trial within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the
court of the Magistrate.
As the liability to prove that the passenger had intention to defraud the railway devolves on the railway administration, the ticket checking staff should handle such cases very carefully and launch the prosecution under section 137 only when they are sure that they have sufficient proof in their possession to prove the charge against the passenger. The charges against a passenger should, therefore, be carefully recorded in the charge-sheet. After the correct charges have been framed and the form carefully prepared and completed the copy for 'Police' must be made over to the Government Railway Police along with the passenger for further action. It will then be the duty of the police to produce the arrested person before the Magistrate with the least possible delay.
The acknowledgement of the Government Railway Police will be taken on Record', 'Accounts' and 'DRM.' foils of the charge-sheet.
(b) The 'Accounts' and 'DRM.' foils will be sent to the Traffic Accounts Office and the Divisional Office respectively together with a list of the charge-sheets issued.
(c) An offence under section 138 is non-cognizable and the offender cannot be arrested unless there is reason to believe that he will abscond or his name and address are unknown, and he refuses on demand, to give his name and address, or there is reason to believe that the name or address given by him is incorrect (section 180 clause (1) of the Railways Act). It is, therefore, incumbent on the railway servant detecting a case under section 138 to demand the amount due. If the passenger refuses to pay up the railway dues and also refuses on demand to give his name and address, or there is reason to believe that the name and address given by him are incorrect, the passenger may be arrested without warrant or other written authority for production before a Magistrate.
(d) Sections 137 and 138 of the Railways Act equally apply to railway servants detected traveling without tickets or passes or with improper tickets or passes.
542. The power of arrest should be exercised with the greatest caution and never be exercised by railway servants themselves at stations where railway police are posted. At such places the railway police should invariably be called upon to make the necessary arrest. It must be clearly understood that the railway police are not to be called upon or allowed to collect excess fare from passengers. Their services are to be requisitioned only when payment is refused, and there is reason to believe that the passenger will abscond, or if his name and address are not known and he refuses to give them, or if there is good reason to believe that the name and address given are incorrect.
543. When a female passenger is found travelling without a ticket, unaccompanied by any friends or relatives, and has not the means to pay the excess fare due, she should be dealt with in terms of para 532. Further, at a station, if she cannot provide a reliable address, the Station Master must see that every possible protection is afforded to her while on railway premises. She should be treated considerately pending receipt of instructions from the Divisional Commercial Superintendent or the police. At station where there is an Ayah, the passenger should be placed under her protection.
544. Handing over memo.—Passengers detected Traveling without tickets by Traveling Ticket Examiners and who decline to pay the charges due to the railway, should be handed over to the station staff for recovery of the amount due with a Handing Over Memo in Form Com./P-20 Rev. These forms are machine numbered, printed and supplied in sets of four foils marked 'Block', 'Accounts', 'Station' and 'DRM'. The foil marked 'Block' is retained by the Traveling Ticket Examiner, Station' foil is made over to the station staff along with the passenger, 'Accounts' foil is sent to the Traffic Accounts Office and the foil marked 'DRM.' is sent to the Divisional Office. The signature of the station staff should be obtained on the 'Block' foil. The station staff should advise the Divisional and Traffic Accounts Offices the result of the action taken and whether the passenger declined to pay or was unable to pay, and whether
prosecution was launched to recover the railway dues. The result of prosecution, if launched, on receipt from the Magistrate, should be intimated to the Divisional Rly Manager and the Traffic Accounts Office.
The handing over mema, books should be treated like other money value books in the matter of custody, issue and supply.
545. At stations where Ticket Collectors are employed, passengers detected traveling without tickets should be handed over to them and at other stations to the Station Master on duty. If neither of them is at hand, the passengers should be handed over to the Booking Clerk. The person taking over the passenger will be personally responsible to ensure that the fares are realized through the proper sources. He should, at the time of taking over the passenger, ask him whether he admits, his liability or to produce his ticket if he has one, warning him that the subsequent-production of the ticket after the Traveling Ticket Examiner had left, would not be accepted.
546. The station staff taking over passengers from the Traveling Ticket Examiners should demand from such passengers the amount of fare and the excess charge due and, on collection, issue an excess fare ticket, reference to the ticket being noted on the reverse of the foil of the handing over memo. If, however, the passenger fails to meet the demand and is a known man or there is no reason to believe that the name and address given by him are incorrect, an application should be made to the Court, within whose jurisdiction the passenger is found traveling irregularly, to realize from him the amount of the fare and the excess charge due. If the passenger failing to meet the demand, is unknown or gives a name or address which there is reason to believe is incorrect, the railway servant may arrest him and have him taken with in twenty-four hours of such arrest excluding the time necessary for the journey from the
place of arrest to the court of Magistrate unless he is released earlier on bail before the nearest Magistrate with a charge sheet in Form Com./C-12 Rev. (see para 541).
547. Passengers to be made over at headquarter station of railway police.—As far as possible, passengers who decline or fail to pay up railway dues should be made over at the headquarter station of the railway police or at a Railway Police Outpost where Magistrates are available to try such cases. If necessary, the defaulting passengers may be carried beyond the destination station upto the station where the Government Railway Police are posted for being handed over for the recovery of railway dues.
548. Accountal of handing over memo.—(a) The station should, as in other cases of realization of railway dues, check the amount mentioned on the handing over memo when dealing with passengers handed over to them by the Traveling Ticket Examiners/Inspectors. The staff realizing the amount will be lied responsible for incorrect charges recovered, if any.
(b) The station staff should maintain a register prescribed for the purpose in which full particulars of handing over memo showing also the clearance particulars and also the results of prosecutions in case of those persons from whom excess fares have not been realized should be recorded. Necessary remarks should be made in the register in case of persons handed over but let off under the orders of the Station Master or other controlling officer.
(c) A statement showing the number of disposed of cases made over at the station by the Traveling Ticket Examiners/Inspectors under the handing over memo should be submitted to the Divisional Commercial Superintendent at the end of the month in Form Com./T. 29.
549. Station staff to assist Traveling Ticket Examiners.—Every facility and assistance should be afforded by the station staff to the Traveling Ticket Examiners in the performance of their duties, and on no account should a memo for the recovery of charges be refused. All cases of doubt should be promptly referred to the Station Master for decision. If a Station Master considers that no charges are due, he should record his reasons in the relative foils for non-recovery and send them to the Divisional and Traffic Accounts Officer for disposal.
550. Excess fare ticket.—In all instances of the recovery of excess fare, excess charge, etc., whether made by Ticket Collectors at checking or at destination stations or by Traveling Ticket Examiners, an excess fare ticket should invariably be issued. These tickets are machine numbered and supplied in books, preferably of carbon-backed paper, bound in sets of three foils. The first foil is submitted to one Traffic Accounts Office along with the relevant returns, the second is tendered to the passenger both as an acknowledgement of the amount collected and as an authority to travel and pass through the gate at destination, and the third is retained as record. If the form is not printed on the carbon-backed paper, double sided carbon paper should be used in writing it. No alterations are permitted in these tickets.
551. The excess fare ticket books should be numbered and entered in the stock book for money value books. The inspecting officials of Traffic and Accounts Department should see that the book is complete and that a second excess fare ticket book is not brought into use until the first one has been finished. The stock book for the excess fare ticket books used by the Traveling Ticket Examiners will be kept by the office controlling them. List showing the particulars and the dates of issue and completion of the excess fare ticket books issued to each Traveling Ticket Examiner should be furnished to the Traffic Accounts Office monthly by the controlling authority.
552. Separate excess fare ticket books for local and through traffic.—Station Masters and Traveling Ticket Examiners should use separate books of excess fare tickets for local and through traffic. In cases in which a liability on account of other railway's share is involved, the ticket should be issued fr om the through excess fare book. In other cases the ticket should be issued from the local excess fare book, even though the passenger ticket, if any, in connection with which the excess fare ticket is issued is a through one. The Accounts foils of the excess fare tickets should be sent to the Traffic Accounts Office, along with the relevant excess fare returns. A note will be made at the bottom of the excess fare return of the number of Accounts foils accompanying it.
553. Marking of passenger tickets.—In all cases of issue of excess fare tickets in conjunction with tickets held by passengers, the letters 'X.F.' should be written in red pencil on the obverse of the connected tickets to indicate that the holders thereof are also in possession of excess fare tickets. The ticket collecting staff at destination should demand and collect the relative excess fare ticket whenever a ticket with 'X.F.' is handed over by a passenger.
554. Earnings of Ticket Collectors and Traveling Ticket Examiners.—
(a) The cash collected by ticket Collectors will be deposited by them in the booking office after the departure of each train . Where, however, due to frequent train service, etc., the depositing of cash by Ticket Collectors, immediately after the departure of each train is not feasible, the Divisional Commercial Superintendent may prescribe any other interval at which the Ticket Collectors will deposit their earnings in the booking office.
(b) The Traveling ticket Examiners will deposit their cash collection at the close of the day with the Station Master or Booking Clerk of any station on their respective beats for remittance to the cash office. In case, however, at the close of the day the Traveling Ticket Examiner is traveling by a train, scheduled to arrive at his destination in the early hours of the following day, he may deposit the previous day's collections immediately on arrival at the destination station.
(c) The details of the cash remitted as above should be entered by the Traveling Ticket Examiner/Ticket Collector in a cash remittance memo which should be prepared in duplicate, in form appearing at Appendix V/C, separately for local and through traffic. One copy of the remittance memo will be handed over to the Station Master/Booking Clerk along with the cash and his acknowledgement obtained on the other copy, which will be retained by the Traveling Ticket Examiner/Ticket Collector as his record.
(d) The station staff receiving the cash from the Ticket Collectors and Traveling Ticket Examiners should give a money receipt in form appearing at Appendix V/D which will be prepared separately for local and through traffic in triplicate. Two copies meant for the Traffic Accounts Office and the Traveling Ticket Examiner or Ticket Collector will be handed over to the Traveling Ticket Examiner or Ticket Collector, as the. case may be.
The 'Traffic accounts' foils of the money receipts should be sent to the Traffic Accounts Office along with the connected excess fare returns in Form Com./R.-19 Rev.
(e) In addition to the issue of the money receipt, the station staff while taking over cash from the Traveling Ticket Examiner/Ticket Collector should endorse on the back of the last excess fare ticket issued an acknowledgement of the amount received, quoting the number and date of the money receipt and affixing the station stamp thereon.
555. Cancellation of excess fare tickets and their disposal.—(a) When an excess fare ticket has to be cancelled for any reason, all the foils of the ticket should be marked 'cancelled' and reasons there for recorded thereon under the dated signature of the staff canceling the ticket As soon as possible after such cancellation, all the foils should be countersigned and dated by either the Station Master or the Chief/Head ticket Examiner/Inspector.
(b) Passenger foil of the cancelled excess fare ticket should be handed over to the Station Master/Booking Clerk of the headquarter station and his acknowledgement obtained on the back of the Record foil. The Station Master/ Booking Clerk receiving the 'passenger' foil of the cancelled excess fare ticket will arrange to send it to the Traffic Accounts Office duly entered on a separate statement of non-Issued tickets in Form Com./T.18 Rev. indicating thereon the name of the Traveling Ticket Examiner/Ticket Collector from whom each such cancelled foil was received.
(c) 'Accounts' foils of the cancelled excess fare tickets together with cancelled Guards' memo and other certificates relating to excess fare tickets should be stitched to the relevant excess fare, returns for submission to the Traffic Accounts Office. The date on which, and the station at which, the 'Passenger' foil was handed over should be indicated against each entry of the cancelled excess fare ticket in the" relevant return.
556. Booking of Traveling Ticket Examiners with trains.—The Chief Ticket Inspector, or his equivalent, will be responsible for booking Traveling Ticket examiners with trains in accordance with the programme approved by the Divisional Commercial Superintendent. A register in Form Com/T-30 will be maintained in which every Traveling Ticket Examiner while going on duty with a train or terminating his journey at his headquarter station or at any other station will make an entry and sign it. For each movement, an separate entry will be made in the register.
557. Traveling Ticket Examiner's movement diary.—(a) Each Traveling Ticket Examiner will maintain a movement diary in Form Com./T.31 showing the number of trains checked, details of cases charged, cases of unusual nature detected and handed over for prosecution, names of stations at which cash has been deposited as well as the amount and number of the money receipts obtained.
(b) On completion of every trip at the station, the Traveling Ticket Examiner must have this diary signed by the Station Master or Head Ticket Collector on duty. On return to headquarter, the Traveling Ticket Examiner will submit this diary to his controlling authority.
558. Check of movement diaries.—The Chief Ticket Inspector is responsible for checking and keeping in record the movement diaries submitted by the Traveling Ticket Examiners. Irregularities coming to notice will be investigated and reported to the Divisional Commercial Superintendent for action, where necessary.
559. Analysis of cases dealt with by Traveling Ticket Examiners and Ticket Collectors.—The ticket checking staff should prepare a statement in Form Com./ T.28 Rev. summarizing the total number of cases dealt with during the month under the various groups detailed in the form. The Station Master or Chief Ticket Inspector should personally check the analysis to ensure that it has been correctly prepared. After check, the statements will be submitted to the Divisional Commercial Superintendent.
560. Surprise checks to combat ticket less traveling.—Detailed instructions for combating ticketless traveling are given in the Indian Railway Code for the Traffic Department (Commercial). The staff should read these instructions and act upon them with sustained efforts to achieve good results.
Surprise checks should be carried out both at stations and in running trains, by special squads consisting of Traveling Ticket Examiners assisted by Rakshaks of the Railway Protection Force under the supervision of selected subordinates. All cases of frauds or traveling without tickets detected during the course of these surprise checks should be carefully examined to see whether they have been facilitated by defects in the system of checks in force. The results of surprise checks should be used to judge the efficiency of the work of station staff and sectional Traveling Ticket Examiners and remedial measures, wherever called for, should be taken to eliminate ticket less traveling.