All India Tourist Vehicles Authorisation and Permit Rules, 2020 : Gazette Notification

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 1st July, 2020

G.S.R. 425(E).—The following draft of certain rules which the Central Government proposes to make in exercise of the powers conferred by sub-section (14) read with sub-section (9) of Section 88 of Motor Vehicles Act, 1988 (59 0f 1988) are hereby published as required by sub-section (1) of section 212 of the said Act for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration after expiry of thirty days from the date on which the copies of this notification as published in the Gazette of India are made available to the Public.

Objections and suggestions, if any, may be sent to the Joint Secretary (MVL), Ministry Of Road Transport and Highways, Transport Bhawan, Parliament Street, new Delhi- 110001 or email to jspb- [email protected].

Any objections or suggestions which may be received from any person with respect to the said draft rules before the expiry of the period aforesaid shall be considered by the Central Government.

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Now, therefore, in exercise of the powers conferred by sub-section (14) read with sub-section (9) of section 88 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules by superseding the Motor Vehicles (All India Permit for Tourist Transport Operators) Rules, 1993 except as respects things done or omitted to be done before such supersession namely:-

Draft Rules

1. Short title, commencement and exemption.–

(1) These rules may be called the All India Tourist Vehicles Authorisation and Permit Rules, 2020.

(2) They shall come into force on the date of its publication in the Official Gazette.

(3) The conditions prescribed in rules 82 to 85A of the Central Motor Vehicles Rules, 1989 shall not apply to the permits granted under these rules.

2. Definitions. -(1)In these rules, unless the context otherwise requires, –

(a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988);
(b) “authorisation means an authority granted by the Transport Authority to enable tourist vehicles operator to ply tourist vehicle throughout the territory of India subject to payment of taxes or fees, if any, levied by the State or Union territory through which it ply;
(c) “Form” means a Form appended to these rules;
(d) “permit” means a permit issued by the Transport Authority to enable a tourist vehicle operator to ply tourist vehicle throughout the territory of India without payment of taxes or fee levied by any State of Union territory through which it ply;
(e) “Transport Authority” means the State Transport Authority constituted under sub-section (1) of section 68 of the Act.

(2) The words and expressions used herein but not defined herein and defined in the Act shall have the meanings respectively assigned to them in that Act.

3. Application for authorization or permit.–

(1) The authorization shall be granted only to a tourist vehicle operator for each category as mentioned in rule 5 and the permit shall be granted to each tourist vehicle of a tourist vehicle operator having valid authorization.

(2) An application for grant of authorisation or renewal of authorisation, shall be made to the Transport Authority in Form 1 and shall be accompanied by the following documents, namely-

(a) Registration Certificate of the Vehicle (s);
(b) proof of registered address;
(c) copy of PAN card/TIN Number whichever is applicable;
(d) GST certificate;
(3) An application for grant of permit or renewal of permit for a tourist vehicle, shall be made to the Transport Authority in Form 1A and shall be accompanied by the following documents, namely-
(a) Valid authorisation/ Authorisation application number;
(b) Regsitration Certificate of the Vehicle;
(c) Valid fitness certificate;
(d) Valid insurance certificate;
(e) Valid Pollution Under Check (PUC) certificate.

(4) The application made under sub-rule (1) shall be accompanied by fee as specified in rule 5 of these rules.

Provided that in case where the Transport Authority is other than the actual Transport Authority in which the operator has registered address or the vehicle is registered, an additional charge of Rs. 100 in case of authorisation and Rs. 1000 in case of permit shall be charged for issuance of authorisation or permit, as the case may be.

(5) The application along with the specified fee shall be made in electronic form on the website of the Ministry of Road Transport and Highways or Transport Authority.

(6) The Transport Authority shall issue the authorisation or permit, as the case may be, within a period of thirty days from the receipt of application.

4. Procedure for grant of authorisation or permit. –

(1) On receipt of an application under sub-rule (1) of rule 3, the concerned Transport Authority may fix a date for inspection of the documents in case of permit to ensure that the vehicle is compliant with these rules and road worthy.

(2) If the application made under sub-rule (1) of rule 3 is incomplete and not accompanied by fee specified in rule 5, the Transport Authority may reject the application for reasons to be recorded in writing:

Provided that before rejecting an application, an opportunity shall be given to the applicant to cure the defects in the application.

(3) If no decision is taken by the Transport Authority within 30 days of receipt of the application, the authorisation or permit as the case may be shall be deemed to have been granted and generated through electronic system.

(4) The authorisation and permit shall be granted in Form 2 and Form 3, as the case may be, and shall be valid for a period of three months or its multiples thereof not exceeding three years at a time.

(5) The permit shall not be granted to vehicle after the completion of twelve years from the date of first registration of the vehicle.

Provided that, in case of diesel vehicles registered in the National Capital Region of Delhi, permit shall not be granted after completion of ten (10) years from the date of first registration.

5. Fee for issuance of authorisation or permit. –

(1) An application for the grant of authorisation or permit, as the case may be, shall be accompanied by fee as specified in the table below

Table

(Annually)

Passengers capacity of Tourist Vehicle excluding driver	Authorisation (Fee in rupees)	AC Permit (Fee in rupees)	Non-AC Permit (Fee in rupees)
(1)	(2)	(3)	(4)
Less than 9	1000	25,000	15,000
Ten or more but less than 23	1500	75,000	50,000
23 or more	2500	3,00,000	2,00,000

(2) The rates for quarterly permit shall be 30 percent of the fee specified in sub-rule (1).

6. Distribution of consolidated authorization or permit fee among States and Union territories. –

(1) The fee paid towards authorization or permit, as the case may be, shall be remitted on a monthly basis to the jurisdictional State.

(2) The permit fee collected under rule 5 shall be distributed among the States and Union territories as per the formula given below:

SR = SS x (Actual revenue for the month for the country)

SRn = Actual State Revenue for the month for nth State

SSn = State share of nth State

= Total revenue for each State for preceding three financial years

Total revenue of the all the States/ UTs for preceding three financial years

Explanation.-For the purposes of this sub-rule, the expression Total revenue means the revenue collected by the State or Union territory from levy of Inter-state permit charges.

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7. Scope and Validity of authorization or permit. –

(1)The authorization or permit, as the case may be, shall be valid throughout the India.

(2) The authorization or permit, as the case may be, shall be used for the transport of passengers individually or in a group, along with their personal luggage.

(3) No individual or a group of individuals, shall use the vehicle for the transport of passengers individually or in a group, unless they have a valid authorization or permit, as the case may be, in electronic form or otherwise in their physical possession.

8. Transfer of authorisation or permit. –

(1) Save as otherwise provided in sub-rule (2), authorisation or permit, as the case may be, shall not be transferable from one person to another except with the permission of the jurisdictional Transport Authority.

(2) Where the ownership of the vehicle granted authorisation or permit, as the case may be, may be transferred due to death of the owner, the prospective owner or successor, as the case may be, shall use the authorisation or permit, as the case may be, after getting necessary changes of ownership by the jurisdictional Transport Authority within a month from death.

Provide that the Transport Authority may entertain an application after the expiry of one month, if it is satisfied that the applicant was prevented from making an application within the specified time.

9. Replacement of vehicle. —The holder of authorisation or permit, as the case may be, may, with the permission of the jurisdictional Transport Authority, replace any vehicle covered by the authorisation or permit, as the case may be, any other vehicle of the same nature.

Explanation. — For the purpose of this rule, the expression “the vehicle of same nature” means having the same seating capacity for which the authorisation or permit has been granted and fee paid and such a replacement vehicle could be of any other make or model.

10. Distinguishing mark. – The vehicles which have been granted permit, under these rules shall prominently display the words ‘All India Tourist permit’, on rear left side of the vehicle in white letters in blue along with the validity of the permit.

11. List of tourists. –A vehicle plying under the permit, shall at all times carry a list of passengers in electronic form or in physical form, which shall contain the details of origin and the destination of each passenger.

(2) 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 there under.

12. Insurance coverage. –Every vehicle operating under the authorisation and permit, shall have a valid insurance coverage for passenger liability as well as for the driver.

13. Information to be kept by every permit holder. –

(1)Every tourist vehicle operator holding an authorisation and permit, shall maintain record of the passengers, including journey details, for a minimum period of one year and these record shall be made available to the jurisdictional Transport Authority or any other law enforcement officer on demand.

(2) No record of the passenger shall be shared with any other person or organisation or company.

14. Cancellation and suspension of permits.-The Transport Authority which granted authorization or permit, as the case may be, may cancel the authorization or permit, if the holder of the authorization or permit, as the case may be, –

(1) Uses or causes or allows a vehicle to be used in contravention to the provisions of these rules or the Act, as the case may be;
(2) Ceases to own the vehicle covered by authorization or permit, as the case may be;
(3) obtained the authorization or permit by fraud or misrepresentation;
(4) acquires the citizenship of any foreign country.

15. Appeals.- Any person aggrieved by the order of the jurisdictional Transport Authority against the,

(1) refusal to issue authorization or permit, as the case may be, under sub-rule (3) of rule 4; or
(2) suspension or cancellation of authorization or permit, as the case may be, or any variation of the condition thereof; or
(3) order of refusal to transfer the authorization or permit, as the case may be, under rule 8 or rule 9 of these rules; or
(4) order of refusal to renew the authorization or permit, as the case may be, may within a period of thirty days from the date on which the said order is received by the applicant, appeal to the State Transport Authority, who shall give a decision thereon after giving such person an opportunity of being heard.

16. Continuity of the permit issued under the Motor Vehicles (All India Permit for Tourist Transport Operators) Rules, 1993.- The permit issued under Motor Vehicles (All India Permit for Tourist Transport Operators) Rules, 1993 shall continue to be in force during their validity period as if they were issued under the All India Tourist Vehicles Authorization and Permit Rules, 2020.

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