Page 106 - The Motor Vehicles Act, 1988

92 THE MOTOR VEHICLES ACT, 1988 SECTION 110B

(4) Where a manufacturer notices a defect in a motor vehicle manufactured by
him, he shall inform the Central Government of the defect and initiate recall proceedings
and in such case the manufacturer shall not be liable to pay fine under sub-section (3).
(5) The Central Government may authorise any officer to conduct investigation
under this section who 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.
(6) The Central Government may make rules for regulating the recall of motor
vehicles, of a particular type or its variants, for any defect which in the opinion of the
Central Government, may cause harm to the environment or to the driver or occupants
of such motor vehicle or to other road users.
1 110B. Type-approval certificate and testing agencies
(1) No motor vehicle, including a trailer or semi-trailer or modular hydraulic trailer
or side car shall be sold or delivered or offered for sale or delivery or used in a public
place in India unless a type-approval certificate referred to in sub-section (2) has been
issued in respect of such vehicle:
PROVIDED that the Central Government may, by notification in the Official
Gazette, extend the requirement of type-approval certificate to other vehicles drawn or
intended to be drawn by a motor vehicle:
PROVIDED FURTHER that such certificate shall not be required for vehicles which
are—
(a) intended for export or display or demonstration or exhibition; or
(b) used by a manufacturer of motor vehicles or motor vehicle components or
a research and development centre or a test by agency for testing and
validation or for data collection, inside factory premises or in a non-public
place; or
(c) exempted by the Central Government.
(2) The manufacturer or importer of motor vehicles including trailers, semi-trailers,
modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be
manufactured or imported for test to a testing agency for obtaining a type-approval
certificate by such agency.
(3) The Central Government shall make rules for the accreditation, registration
and regulation of testing agencies.
(4) The testing agencies shall conduct tests on vehicles drawn from the production
line of the manufacturer or obtained otherwise to verify the conformity of such vehicles
to the provisions of this Chapter and the rules and regulations made thereunder.

1. Enforced w.e.f. 1-4-2021 vide SO 1231(E), dt. 11-3-2021.