All India Tourist Vehicles (Permit) Rules, 2023

[18th April 2023]

Whereas certain draft rules were published as required by sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways, number G.S.R. 815 (E), dated the 11th November, 2022 in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), dated the 14th November, 2022 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which the copies of the said notification were made available to the public;

And whereas, copies of the said notification were made available to the public on the 14th November, 2022;

And whereas, the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;

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), and in supersession of the All India Tourist Vehicles (Authorisation or Permit) Rules, 2021, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

Rule - 1. Short title and commencement

(1)     These rules may be called the All India Tourist Vehicles (Permit) Rules, 2023.

(2)     They shall come into force on the 1st May, 2023.

Rule - 2. Definitions

(1)     In these rules, unless the context otherwise requires, -

(a)      "Act" means the Motor Vehicles Act, 1988 (59 of 1988);

(b)      "All India Tourist Permit" means a permit issued by the Transport Authority to enable a tourist vehicle operator / owner to ply tourist vehicle throughout the territory of India on strength of permit fee paid under rule 5;

(c)      "Form" means a Form appended to these rules;

(d)      "tourist vehicle" shall have the same meaning as assigned to them in clause (43) of section 2 of the Act;

(e)      "tourist vehicle operator" means a person who owns a tourist vehicle in respect of which an All India Tourist Permit is issued under these rules;

(f)       "Transport Authority" means the Transport Authority constituted under subsection (1) of section 68 of the Act.

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

Rule - 3. Application for All India Tourist Permit

(1)     The All India Tourist Permit shall be granted only to a tourist vehicle of tourist vehicle operator.

(2)     An application for grant of All India Tourist Permit or renewal of All India Tourist Permit for a tourist vehicle shall be made to the Transport Authority in Form 1 in electronic form on the portal.

(3)     The application made under sub-rule (2) shall be accompanied by the fee as specified in the table below:-

TABLE

(4)     In case of battery operated tourist vehicle and tourist vehicle driven on methanol or ethanol fuel, the All India Tourist Permit shall be issued without payment of any permit fee.

(5)     The Transport Authority shall issue the All India Tourist Permit, within a period of seven days from the date of receipt of application.

Rule - 4. Procedure for grant of All India Tourist Permit and renewal thereof

(1)     On receipt of an application under rule 3, the Transport Authority may inspect the documents electronically to ensure that the vehicle has necessary valid documents such as certificate of insurance, certificate of fitness, Pollution Under Control Certificate and vehicle has paid the tax prescribed by the State or Union territory where the vehicle is registered.

(2)     If the application made under sub-rule (2) of rule 3 is incomplete and not accompanied by the specified fee, 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 seven days of receipt of the application, the All India Tourist Permit shall be deemed to have been granted and generated through electronic system.

(4)     The All India Tourist Permit shall be granted in Form 2 in electronic form on the portal and shall be valid for a period of ninety days or its multiples thereof not exceeding five years at a time.

(5)     A tourist vehicle shall not be granted the All India Tourist Permit after the vehicle has completed twelve years from the date of first registration of the vehicle:

Provided that, in case of a diesel vehicles registered in the National Capital Territory of Delhi, the All India Tourist Permit shall not be granted after the vehicle has completed ten years from the date of its first registration.

Rule - 5. Distribution of fee collected among States and Union territories

The fee collected with the application for the All India Tourist Permit under these rules shall be distributed among the States and Union territories as per the formula given below:-

SRn = SSn x (Total revenue for the month for the country)

SRn = State Revenue for the month for the State or Union territory

SSn = State share of the State or Union territory

= Total revenue of nth State or Union territoryfor preceding three financial years

Total revenue of all the States or Union territories for preceding three financial years.

Explanation.-For the purposes of this rule, the expression "Total revenue" means the revenue collected by the State or Union territory from the levy of fee for application for the All India Tourist Permit under these rules.

Rule - 6. Scope and Validity of permit

(1)     The All India Tourist Permit, shall be valid throughout the territory of India.

(2)     The All India Tourist Permit shall be used for the transport of tourists individually or in a group, along with their personal luggage.

(3)     No person shall use the tourist vehicle for the transport of tourists individually or in a group, unless the person has a valid All India Tourist Permit, either in electronic form or in physical form.

Rule - 7. Transfer of permit

(1)     Save as otherwise provided in sub-rule (2), the All India Tourist Permit shall not be transferable from one person to another except with the permission of the jurisdictional Transport Authority.

(2)     Where the ownership of the tourist vehicle having the All India Tourist Permit under these rules, is to be transferred due to the death of the owner, the prospective owner or successor, as the case may be, shall use the All India Tourist Permit as per sub-section (2) of section 50 of the Act read with rule 56 of the Central Motor Vehicle Rules, 1989, until the change of ownership of the vehicle by the jurisdictional Transport Authority.

(3)     An application for change of ownership of the vehicle referred to in sub-rule (2) and transfer of the All India Tourist Permit shall be made within three months from the death of the owner of the vehicle:

Provided that the Transport Authority may entertain an application after the expiry of three months, if it is satisfied on reasons that the applicant was prevented from making an application within the specified time.

Rule - 8. Replacement of vehicle

The holder of All India Tourist Permit, may, with the permission of the jurisdictional Transport Authority, replace any tourist vehicle covered by the All India Tourist Permit, with any other tourist vehicle of the same nature.

Explanation. - For the purpose of this rule, the expression "tourist vehicle of the same nature" means the vehicle of the same category as mentioned in Table of sub-rule (3) of rule 3 for which the All India Tourist Permit has been granted and fee has been paid and such replacement tourist vehicle may be of any other make or model.

Rule - 9. Distinguishing mark

The tourist vehicles which have been granted All India Tourist Permit under these rules shall prominently display the words "All India Tourist Permit" on rear left side of the vehicle in transparent letters in blue background along with the validity of the permit.

Rule - 10. List of tourists

(1)     A tourist vehicle plying under the All India Tourist Permit, shall at all times carry a list of tourists in electronic form or in physical form, which shall contain the details of origin and the destination of each tourist and tourist vehicle operator shall maintain record electronically, of the tourists, including journey details, for a minimum period of one year and these records shall be made available to the jurisdictional Transport Authority or any other law enforcement officer on demand.

(2)     The list of tourists shall be produced on demand before the officers authorised to demand production of documents by or under the Act or the rules made thereunder.

(3)     No record of the tourists referred to in sub-rule (1) shall be shared with any other person or organisation or company.

Rule - 11. Cancellation and suspension of permit

The Transport Authority which granted the All India Tourist Permit, may cancel the All India Tourist Permit, if the holder of the All India Tourist Permit, -

(a)      uses or causes or allows a tourist vehicle to be used in contravention to the provisions of these rules or the Act;

(b)      ceases to own the vehicle covered by the All India Tourist Permit;

(c)      obtained the All India Tourist Permit by fraud or misrepresentation, or

(d)      acquires the citizenship of any foreign country.

Rule - 12. Appeals

Any person aggrieved by an order of the jurisdictional Transport Authority, against the,-

(a)      refusal to issue the All India Tourist Permit under sub-rule (2) of rule 4; or

(b)      suspension or cancellation of the All India Tourist Permit or any variation of the condition thereof; or

(c)      order of refusal to transfer the All India Tourist Permit under rule 7 or replacement of vehicle under rule 8 of these rules; or

(d)      order of refusal to renew the All India Tourist Permit, may within a period of thirty days from the date on which the said order is received by such person, appeal to the State Transport Appellate Tribunal, which shall give a decision thereon after giving such person an opportunity of being heard:

Provided that the State Transport Appellate Tribunal may entertain an appeal after the expiry of the said period, if it is satisfied on the reasons that the appellant was prevented from making the appeal within the specified period.

Rule - 13. Exemption

(1)     The conditions prescribed in rules 82 to 85A of the Central Motor Vehicles Rules, 1989 shall not apply to the All India Tourist Permits granted under these rules.

(2)     The All India Tourist Permit issued under the Motor Vehicles (All India Permit for Tourist Transport Operators) Rules, 1993 or the All India Tourist Vehicles (Authorisation or Permit) Rules, 2021 shall continue to be in force during their validity period as if they were issued under these rules.

Form 1

[See rule 3(2)]

Application form for grant or renewal of the All India Tourist Permit for Tourist Vehicle

To,

The Transport Authority,

.....................

Note: - Details in column 3, 4, 5 and 6 shall be auto fetched from VAHAN portal.

(1)     At time of application validity of certificate of fitness, insurance and Pollution Under Control Certificate shall be validated through VAHAN portal.

(2)     I have made following payment towards the All India Tourist Permit fee:-

I certify that the above information is true and correct.

Signature, e-signature or digital signature or thumb impression of

Applicant or the authorised signatory

Form 2

[Refer rule 4(4)]

The All India Tourist Permit for (Vehicle Number)

This All India Tourist Permit is valid for whole of India

(1)     Name in full of the individual or company (starting with surname, if any):

(2)     Complete Address:

(3)     All India Tourist Permit No.:

(4)     Amount of All India Tourist Permit fee paid ............... receipt number...............date of fee payment...............

(5)     Period of validity of the All India Tourist Permit from...............to...............

e-signature or digital signature of the Transport Authority.