Page 339 - The Central Motor Vehicles Rules, 1989

RULE 127B THE CENTRAL MOTOR VEHICLES RULES, 1989 311

(4) An officer obtaining samples under clause (c) of sub-rule (3) shall provide to
the person from whom they were taken, written reasons for obtaining samples under
FORM 50A.
(5) After obtaining a sample under clause (c) of sub-rule (3), the officer(s) may send
the sample to a testing agency as may be specified under this rule by the Central
Government or to any other agency as the Central Government may specify in this
regard, or more than one such agency as may be determined by the Investigating
Officer(s), and such agency(s) shall send a report to the officer(s) within sixty days on
compliance with the standards imposed by or under this Chapter, as per FORM 50B.
(6) The cost for conducting tests by the agency shall be borne by the manufacturer,
importer or retrofitter and if no deviation from the specifications are reported by the
agencies conducting such test then the manufacturer, importer or retrofitter may seek
the reimbursement of the fee incurred on such testing from the Central Government.
(7) Upon the receipt of the report of the Agency under sub-rule (5), the Investigating
Officer shall, submit such report along with the findings of the investigation, in FORM
50C, to the Central Government, or such officer as may be designated by the Central
Government in this regard.
(8) On receipt of the findings of the investigation officer under sub-rule (7), the
Central Government, or such officer as may be designated by the Central Government
in this regard, may initiate proceedings against the manufacturer, importer, or retrofitter
of a motor vehicle, as the case may be, and such other persons as deemed necessary,
under section 182A of the Act:
PROVIDED that voluntary corrective action taken by the manufacturer, importer
or retrofitter, as the case may be, with respect to the motor vehicle in which the
non-compliance of the standard has been detected may be taken into consideration by
the Central Government when initiating proceedings under section 182A of the Act:
PROVIDED FURTHER that action under this rule shall not be initiated by the
Central Government six months beyond the date on which the findings of the
Investigating Officer have been received.
(9) During the proceedings initiated under section 182A, the Central Government,
or such officer designated by the Central Government in this regard, may issue a
suspension order as per rule 127B.
127B. Suspension Order
127B
(1) The Central Government, or such other officer as may be designated by the
Central Government in this regard, may issue a suspension order to the manufacturer,
importer or retrofitter, as the case may be, during the pendency of proceedings under
section 182A, and prohibit the manufacturer, importer or retrofitter, of the motor vehicle,
as the case may be, on whom it is served from doing any of the following things,
namely:—
(a) placing the model or variant of the motor vehicle, its constituent part or
software under investigation on the market, offering to place it on the
market, agreeing to place it on the market, or exposing it for placing on the
market, in India, or
(b) supplying the model or variant of motor vehicle or component under
investigation, offering to supply it, agreeing to supply it, in India:
PROVIDED that the period of suspension under the suspension order shall not
exceed the term of the proceedings initiated under section 182A.