MOTOR VEHICLES ALL INDIA PERMIT FOR TOURIST TRANSPORT OPERATORS RULES, 1993
.—(1) These rules may be called the Motor Vehicles (All India Permit for Tourist Transport Operators) Rules, 1993.
(2) They shall extend to the whole of India.
(3) They shall come into force with effect from the date of publication.
(4) The conditions prescribed in Rules 82 to 85A of the Central Motor Vehicles Rules, 1989 shall not apply to the permits granted under this scheme.
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1. Vide G.S.R. 541(E), dated 10th October, 1993, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 10th August, 1993.
In these Rules, unless the context otherwise requires,—
(a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988);
(b) “Authorisation certificate” means a certificate issued by an appropriate authority to a recognised Tourist Transport Operator authorising him to operate throughout the territory of India or in such continuous States, not being less than three in number including the State in which the permit is issued, on recognised tourist circuits, as are specified in the All India Permit for a tourist vehicle granted to him;
(c) “Appropriate Authority” means the authority which is authorised under the Act to grant a permit in respect of a tourist vehicle;
(d) “Rule” means the rule of the Central Motor Vehicles Rule
Authorisation Certificate shall be issued only to a Tourist Transport Operator recognised by the Department of Tourism of the Central Government.
(1) Every application for the issue of an Authorisation Certificate shall be made to the concerned State Transport Authority, in the Form as set forth in the First Schedule.
(2) Every Authorisation Certificate shall be in the Form as set forth in the Second Schedule.
(3) The period of validity of an Authorisation Certificate shall not exceed one year at a time.
(4) The Authorisation Certificate may be renewed on an application made not less than fifteen days before the date of its expiry.
.—(1) An application for an Authorisation Certificate may be made on any working day to the State Transport Authority concerned.
(2) A State Transport Authority shall not ordinarily refuse to issue an Authorisation Certificate applied for under these rules.
(3) Transport Authority may reject the application made under sub-rule (1) for good and sufficient reasons to be recorded in writing, or where the Authority is of the opinion that this would have the effect of increasing the number of Authorisation Certificates limited in terms of section 74(3):
Provided that the Authorisation Certificate applied for shall be issued or refused within a period of thirty days from the date of receipt of application by the State Transport Authority.
1) Save as otherwise provided in sub-rule (2), an Authorisation Certificate shall not be transferable from one person to another except with the permission of the State Transport Authority which issued the Authorisation Certificate and shall not, without such permission, confer on any person to whom a vehicle covered by the Authorisation Certificate is transferred, any right to use that vehicle in the manner authorised by the Authorisation Certificate.
(2) Where the holder of an Authorisation Certificate dies, the person succeeding to the possession of the vehicles covered by the Authorisation Certificate may, for a period of three months use the Authorisation Certificate from the date of death of the holder and on his own intention to use the Authorisation Certificate:
Provided further that no Authorisation Certificate shall be so us
The holder of an Authorisation Certificate may, with the permission of the State Transport Authority by which the Authorisation Certificate was issued, replace any vehicle covered by the Authorisation Certificate by any other vehicle of the same nature.
Explanation.—The vehicle of same nature would mean having the same seating capacity for which permit has been granted and composite fee paid and such a replacement vehicle could be of any other make or model.
Any person aggrieved by:—
(a) the refusal of the State Transport Authority to issue an Authorisation Certificate or by condition attached to, an Authorisation Certificate issued by him; or
(b) the order of revocation or suspension of the Authorisation Certificate or by any variation of the condition thereof, or
(c) the order of refusal to transfer the Authorisation Certificate under rule 6 of these rules or section 12; or
(d) the order of refusal to renew an Authorisation Certificate: or
(e) any other order which may be made,
may within a period of thirty days from the date on which the said order is communicated to th
The fee for the issue of an Authorisation Certificate shall be Rs. 500/- per annum and every application for the issue or renewal of the same shall be accompanied by a bank draft for the said amount in favour of the appropriate authority.
An All India Permit for Tourist Transport Operators shall be issued only in respect of vehicles with a seating capacity of not more than 1[39] seats, excluding the driver and the conductor. Besides, provision of rule 128 of the Central Motor Vehicles Rules, 1989, except for sub-rule (11) of the said rules, shall also apply to the tourist vehicles.
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1. Subs. by G.S.R. 286 (E), dated 22nd March, 1995, for “35” (w.e.f. 22-3-1995).
An All India Permit for Tourist Transport Operators shall be deemed to be invalid from the date on which the vehicle covered by the said permit completes nine years, in the case of a motor cab and eight years in the case of a vehicle other than a motor cab.
Explanation.—For the purpose of this rule, the period of nine or eight years shall be computed from the date of initial registration of the tourist vehicle concerned.
Every motor vehicle or motor cab under the Authorisation Certificate issued under these rules shall exhibit the words ‘All India Tourist Permit on the back of the motor vehicle in contrasting colours, so as to be clearly visible.]
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1. Subs. by G.S.R. 444(E), dated 26th June, 2007, for ‘rule 12 (w.e.f. 26-6-2007). Rule 12, before substitution, stood as under:
“12. Distinguishing Particulars to be exhibited on Motor Vehicle. —A motor vehicle or motor cab covered under the Authorisation Certificate issued under these rules shall be painted in white colour with a blue ribbon of 10 centimetres width at the centre of the exterior of the body on both sides of the vehicle, and the word “Tourist” shall be painted inside a circle of 60 centimetres diameter. The permit holder shall also di
A tourist vehicle, other than motor cab, plying under an All India Permit for a Tourist Transport Operator shall at all times carry a list of tourist-passengers in respect of each trip, and the list shall be produced on demand by the officers authorised to demand production of documents by or under the Act or the rules made thereunder.
An All India Tourist Permit holder shall file a quarterly return, in respect of the motor vehicle covered by these rules, in the Form set forth in the Third Schedule to the appropriate authority of the State by which the All India Permit is granted and the said authority, in turn shall forward copies thereof to the appropriate authorities of other States concerned.
.—(1) The eligibility conditions for a Certificate of Recognition shall be as set forth in Fourth Schedule.
(2) Every application for a Certificate of Recognition by the Department of Tourism, Government of India, shall be submitted in the Form prescribed in the Fifth Schedule to the Director General of Tourism, Department of Tourism, Government of India, New Delhi-110001.
(3) The Certificate of Recognition shall be granted in the Form prescribed in the Sixth Schedule.
[See rule 4 (1)]
FORM OF APPLICATION FOR ISSUE OF AN AUTHORISATION CERTIFICATETo
The State Transport Authority
I/We, the undersigned, hereby apply for the issue of an Authorisation Certificate valid throughout the territory of India/in the State of........................................................
(Here, write the names of the States applicable)
1.
Name of the applicant(s) in full (starting with surname, if any) or company
2.
[See rule 4(2)]
AUTHORISATION CERTIFICATEThis Authorisation Certificate is valid throughout the States of_______________________
(On the recognised tour circuits given below)
1. Name in full of the individual or Company
(Starting with surname, if any),
2. Complete address
3. Registration mark of the motor vehicle
4. Engine number of the motor vehicle
5. Chassis number of the motor vehicle
6. Permit number of the motor vehicle
7. Name of the permit issuing authority
&nbs
THIRD SCHEDULE
1[FOURTH SCHEDULE
[See rule 15(1)]
1. All applications for recognition shall be addressed to the Director-General of Tourism, Transport Bhawan, No. 1, Parliament Street, New Delhi-110001.
2. (i) The applications for grant of recognition shall be in the prescribed form.
(ii) The applicant has been in the tourist transport hire business for a minimum period of 2 years at the time of application.
(iii) The Tourist Transport Operator has operated in the above 2 years period a minimum number of 3 tourist permits issued by the concerned State Transport Authority/Road Transport Authority for tourist vehicles. Out of these three
FIFTH SCHEDULE
[See rule 15(2)]
1. Name of the firm with address, telephone, telex and fax number.
2. Nature of the firm and date of registration/commencement of business with documentary proof.
3. Whether the office is located in residential/commercial/industrial area.
4. Name, experience, qualifications of the proprietor/Managing Director.
5. Total number of staff including drivers.
6. Name of the Travel Agents/Tour Operators/Hotels/Airlines with whom most business is transacted.
7. Please attach a copy of the audi
[(See rule 15 (3)]
CERTIFICATE OF RECOGNITIONNumber
Date
Certified that
(Name and address of the Applicant)
is recognised by the Department of Tourism, Government of India, New Delhi as an approved__________________________________
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