Search Results on notification for query: "5th G.S.R 173(E) dated 11.03.2021 Committee D"
Related Section(s)1[182A. Punishment for offences relating to construction, maintenance, sale and alteration of
motor vehicles and components.-- (1) Whoever, being a manufacturer, importer or dealer of motor
vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the rules and regulations made thereunder, shall be
punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees
per such motor vehicle or with both:
Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder. (2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both. (3) Whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the Central Government and which does not comply with Chapter VII or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both. (4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both.]
1. Subs. by s. 65, ibid., for section 182A (w.e.f. 1-9-2019).
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 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). (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. Ins. by Act 32 of 2019, s. 40 (w.e.f. 1-4-2021).
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. (5) Where the motor vehicle having a type-approval certificate is recalled under section 110A, the testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and registration to be cancelled.]
1. Ins. by Act 32 of 2019, s. 40 (w.e.f. 1-9-2019).
1[52. Alteration in motor vehicle.-- (1) No owner of a motor vehicle shall so alter the vehicle that
the particulars contained in the certificate of registration are at variance with those originally specified by
the manufacturer:
Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: 2[Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment.] Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose. 3[(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central Government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the Central Government.] 4[(2) Notwithstanding anything contained in sub-section (1), any person may, with the subsequent approval of the registering authority, alter or cause to be altered any vehicle owned by him to be converted into an adapted vehicle: Provided that such alteration complies with such conditions as may be prescribed by the Central Government.] (3) Where any alteration has been made in motor vehicle without the approval of registering authority 5***, the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. Explanation.--For the purposes of this section, "alteration" means a change in the structure of a vehicle which results in a change in its basic feature.]
1. Subs. by Act 27 of 2000, s. 2, for section 52 (w.e.f. 11-8-2000).
2. The Proviso subs. by Act 32 of 2019, s. 21, (w.e.f. 1-9-2019). 3. Ins. by s. 21, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 21, ibid., for sub-section (2) (w.e.f. 1-9-2019). 5. The words "or by reason of replacement of its engine without such approval under sub-section (2)" omitted by s. 21, ibid., (w.e.f. 1-9-2019). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[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.] 2[(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. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) Every motor
vehicle shall be so constructed and so maintained as to be at all times under the effective control of the
person driving the vehicle.
(2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1 [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]
1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994).
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