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All India Tourist Vehicles (Permit) Rules, 2023

All India Tourist Vehicles (Permit) Rules, 2023

  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.
  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.
  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:-

    (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.
  1. 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.
  2. 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.
  1. 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.
  1. 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.
  1. 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.
  2. 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
    white letters in blue background along with the validity of the permit.
  3. 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.
  1. 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.
  1. 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.
  1. 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.

All India Tourist Vehicles (Permit) Rules, 2023