The central government is empowered to direct manufacturers to recall motor vehicles with defects

The Central Government through notification dated 11th March, 2021 has appointed the 1st day of April, 2021 as the date on which the provisions of section 39 and section 40 of the Motor Vehicles Amendment Act, 2019 shall come into force. The provisions provides that the Central Government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants, if—

  • 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
  • A defect in that particular type of motor vehicle has been reported to the Central Government.

Where the defect 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.

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