Page 105 - The Motor Vehicles Act, 1988

SECTION 110A THE MOTOR VEHICLES ACT, 1988 91

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[(2A) Persons empowered under sub-section (2) to conduct investigations referred
to in sub-section (2) shall have all the powers of a civil court, while trying a suit under
the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters,
namely:—
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) any other matter as may be prescribed.]
(3) Notwithstanding anything contained in this section—
(a) the Central Government may exempt any class of motor vehicles from the
provisions of this Chapter;
(b) a State Government may exempt any motor vehicle or any class or
description of motor vehicles from the rules made under sub-section (1)
subject to such conditions as may be prescribed by the Central Government.
1 [110A. Recall of motor vehicles

(1) The Central Government may, by order, direct a manufacturer to recall motor
vehicles of a particular type or its variants, if—
(a) a defect in that particular type of motor vehicle may cause harm to the
environment or to the driver or occupants of such motor vehicle or other
road users; and
(b) a defect in that particular type of motor vehicle has been reported to the
Central Government by—
(i) such percentage of owners, as the Central Government may, by
notification in the Official Gazette, specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect referred to in sub-section (1) lies in a motor vehicle component,
the Central Government may, by order, direct a manufacturer to recall all motor vehicles
which contain such component, regardless of the type or its variants of such motor
vehicle.
(3) A manufacturer whose vehicles are recalled under sub-section (1) or sub-section
(2), shall—
(a) reimburse the buyers for the full cost of the motor vehicle, subject to any
hire-purchase or lease-hypothecation agreement; or
(b) replace the defective motor vehicle with another motor vehicle of similar
or better specifications which complies with the standards specified under
this Act or repair it; and
(c) pay such fines and other dues in accordance with sub-section (6).

1 Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2021 vide SO
1231(E), dt. 11-3-2021.