Page 38 - The Motor Vehicles Act, 1988

(xxxviii) THE MOTOR VEHICLES (AMENDMENT) ACT, 2019

1 39. Amendment of section 110
In section 110 of the principal Act,—
(i) in sub-section (1), in clause (k), after the words “standards of the
components”, the words “, including software,” shall be inserted;
(ii) in sub-section (2), after the words “in particular circumstances”, the words
“and such rules may lay down the procedure for investigation, the officers
empowered to conduct such investigations, the procedure for hearing of
such matters and the penalties to be levied thereunder” shall be inserted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(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.”.
1 40. Insertion of new sections 110A and 110B
After section 110 of the principal Act, the following sections shall be inserted,
namely:—
“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 variants of such motor vehicle.

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