State Act

26

Section 26. Inspection of records and issue of copies

THE UTTAR PRADESH MUSLIM WAQFS ACT, 1960

Act no. 16 of 19601960Repealed 1 January 1996Uttarakhand (State Act)

This Act was repealed on 1 January 1996 by the Waqf Act, 1995 (Central Act 43 of 1995), s.112(3); it may still apply to matters that began before then.

26. [(1)]1 The Board may allow inspection of and issue copies of its proceedings or other records in its custody on payment of such fees and subject to such conditions as may be prescribed. All copies issued under this section shall be certified by the Secretary of the Board [or such other officer of the Board as the Secretary may by general or special order authorize in that behalf]2 in the manner provided in section 76 of the Indian Evidence Act, 1872 [and shall be received as prima facie evidence of the proceeding or record and be admitted as evidence of the matter or transaction therein recorded in every case where, and to the same extent, as, the original proceeding or record would, if produced, have been admissible to prove the matter or transaction.]3 [(2) No member, officer or servant of the Board shall, in any legal proceeding to which the Board is not a party, be required to produce any register or document, the contents of which can be proved under sub-section (1) by a certified copy, or to appear as a witness to prove the matter or transaction recorded therein, unless the court, for reasons to be recorded, considers it necessary to make such an order.]4