Page 39 - The Motor Vehicles Act, 1988

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

(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).
(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.
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.