S M HANIF Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is said to be a Tour Operator challenges the validity of Rule 15 of the Motor Vehicles (All India Permit for Tourist Transport Operators) Rules, 1993, which reads as follows:

(2.) Actually, Rule 15 must be read with Rule 3 which enjoins that authorisation certificate shall be issued only to an authorised transport operator recognised by the Department of Tourism of the Central Government. Tourist Transport Operator' is defined under Rule 2(g) of the Rules as........."a Company or an individual engaged in the business of promotion of tourism on tourist circuits, recognised by the Department of Tourism of the Government of India". 'Authorisation Certificate' is defined to mean-" a certificate issued by an appropriate authority to a recognised Tourist Transport Operator authorising him to operate throughout the territory of India or in such contiguous States, not being less than three in number including the State in which the permit is issued, on recognised tourist circuits, as are specified in the All India Permit for a tourist vehicle granted to him". The form of authorisation certificate, application form for recognition and the certificate of recognition are set-out in the Schedules. In the Fourth Schedule, conditions of eligibility for issue of a certificate of recognition as approved tour operator are laid down as per Rule 15(1). The conditions, inter alia, require the applications to be submitted to the Director-General of Tourism, New Delhi. The other relevant conditions of which the petitioner complaint are............(i) the Tour Operator should have a minimum paid up capital of Rs. 1.00 lakh duly supported by the latest audited balance sheet/Chartered Accountant's Certificate; (ii) the turnover in terms of foreign exchange or Indian rupees by the firm from tour operation only should be a minimum of Rs. 5.00 lakhs duly supported by Chartered Accountant's Certificate; (iii) the Tour Operator will have to be Income tax assessee and should have filed Income Tax return for the current assessment year; and (iv) the Tour Operator should ha ve an Office under the charge of a fulltime member of their staff, who is adequately trained, experienced in matters regarding transport, accommodation, currency, customs regulations and general information about travel and tourism related services.

(3.) It is not necessary to refer to the other conditions.