All India Tourist Permit Is A Contract Carriage Permit: Centre Tells Kerala High Court
The Union Government told the Kerala High Court that the permit issued under the All India Tourist Vehicles (Permit) Rules 2023 is a contract carriage permit. It was submitted that for the promotion of tourism, the Central Government shall issue tourist buses such permits for operating in the whole of India.“In exercise of above powers the Central Government has formulated the rules called...
The Union Government told the Kerala High Court that the permit issued under the All India Tourist Vehicles (Permit) Rules 2023 is a contract carriage permit. It was submitted that for the promotion of tourism, the Central Government shall issue tourist buses such permits for operating in the whole of India.
“In exercise of above powers the Central Government has formulated the rules called All India Tourist Vehicles (Permit Rules), 2023. Further, the permit granted to tourist vehicles under the Rules is a contract carriage permit. Hence, the provisions…..are neither inconsistent nor contrary or ultra vires to the definition of contract carriage or any other provisions under the Motor Vehicles Act, 1988. There is no repugnancy between any of the Rules and the Act as alleged by the petitioner (KSRTC).” ,stated the affidavit filed by Sushil Kumar Geeva, Under Secretary in the Ministry of Road Transport and Highways. Section 88(9) of the Motor Vehicles Act 1988 empower the Centre to make these Rules, the affidavit added.
The Court was hearing several cases about the operation and permissible routes of tourist vehicles with All India Tourist permits. In the cases filed by private tourist bus operators, they state that they can operate as contract carriages based on the All India permit issued by the central government. On the other hand, the KSRTC has also filed a plea seeking measures to restrict the operation of All India Tourist Permit vehicles as stage carriages through the nationalized routes and scheme covered ROUTES formulated under the Motor Vehicles Act, 1988 (MV Act, 1988).
The Centre said that he 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. Further, a List of Tourists has to be carried in physical and electronic form.
Justice Dinesh Kumar Singh had earlier passed an interim order directing that all India tourist vehicles cannot be permitted to operate as stage carriages as it will be detrimental to stage carriage operators like the KSRTC.
The matter has been posted for further consideration on January 10, 2024.
Case title: Sarath G. Nair V State Of Kerala & Connected matters
Case numbers: WP(C) 19537/ 2023, WP(C) 32419/ 2023, WP(C) 37551/ 2023, WP(C) 37980/ 2023, WP(C) 38261/ 2023, WP(C) 38410/ 2023, WP(C) 39289/ 2023, WP(C) 42719/ 2023