Section 3 in Bihar Inter-State Tourist Vehicles Rules, 1969
3. Endorsement of permits of vehicles.
(1)The State Transport Authority may, in accordance with the provisions of this Rule, make an endorsement on any permit in the State in relation to any motor cab or omnibus to the effect that the vehicle to which the permit relates is an All India tourist vehicle:Provided that at no time shall the total number of -(i)motor cabs in respect of which such endorsement are in force shall exceed fifty; and(ii)omnibuses in respect of which such endorsements are in force shall exceed ten.(2)Any person who holds a permit issued in the State in relation to a motor cab or an omnibus may apply in the form specified in Schedule I to the State Transport Authority for an endorsement on the permit to the effect that the vehicles to which the permit relates is a tourist vehicle.(3)An application under sub-rule (2) shall be accompanied by a fee of Rs. 100 for endorsement on tourist omnibus permit and Rs. 5.0 for endorsement on tourist motor cab permit and shall be made not less than six weeks before the date on which it is desired that the endorsement shall take effect or, if the State Transport Authority appoints a date for the receipt of such applications on such date.(4)On receipt of an application under sub-rule (2), the State Transport Authority shall make the application available for inspection at the office of that authority and shall publish the application or the substance thereof in the Official Gazette together with a notice of the date before which representations in connection therewith may be submitted:(i)any person who holds a permit on which an endorsement has been made under this Rule; and(ii)any local or police authority in the State, and the date, not being less than thirty days from such publications, on or after which the application and any representations received will be considered:Provided that, if the making of any endorsement in accordance with the application would have the effect of increasing the number of vehicles bearing such endorsements beyond the limits fixed in that behalf under the proviso to sub-rule (1) or if the vehicle in respect of which the application is made is registered more than one year before the date of the application, the State Transport Authority shall summarily reject the application without following the procedure laid down in this Rule.(5)No representation in connection with an application referred to in sub-rule (4) shall be considered by the State Transport Authority unless it is made in writing before the appointed date and unless a copy thereof is furnished simultaneously to the applicant by the person making such representation.(6)The State Transport Authority shall, having regard to the provisions of sub-rule (7) and the representations, if any made under sub-rule (4) in relation to an application, consider the application and may either make the endorsement or refuse, for reasons to be recorded in writing, to make the endorsement.(7)In making or refusing to make an endorsement, the State Transport Authority shall have regard among other things to the suitability of the vehicle for tourist purposes and the interests of the public generally.(8)Any person aggrieved by the order of the State Transport Authority refusing to make an endorsement under sub-rule (6) may prefer an appeal, in the form of a memorandum signed by the appellant, to the Appellate Authority notified under Rule 70 of the Bihar Motor Vehicle Rules, 1940, within fourteen days of receiving of such order. The memorandum shall be accompanied by a copy of the order appealed from and challan showing deposit of Rs. 100 as an appeal fee.
