Section 41 of Central Universities Act, 2009 - Mode of Proof of University Record

Section 41 of the Central Universities Act, 2009 deals with the manner in which specified records of a Central University may be proved in evidence. The provision gives evidentiary recognition to copies of University records certified by the Registrar, subject to the conditions contained in the section.

Text of Section 41 - Mode of Proof of University Record

Meaning and Scope of Section 41

Section 41 creates a special statutory method for proving specified records maintained or possessed by a University governed by the Central Universities Act, 2009. Instead of requiring production of the original record in every case, the provision permits a copy certified by the Registrar to be received as prima facie evidence when the statutory requirements are satisfied.

The provision applies to several categories of University records, including receipts, applications, notices, orders, proceedings, resolutions, documents in the possession of the University and entries in registers duly maintained by the University.

What Is Prima Facie Evidence?

In this context, "prima facie evidence" means evidence which is legally capable of establishing the relevant fact at the initial stage, unless it is displaced, rebutted or otherwise shown to be unreliable in accordance with law. Section 41 therefore facilitates proof of qualifying University records; it does not state that every certified record is conclusive or incapable of challenge.

Conditions for Applying Section 41

• The material must fall within one of the categories of University records described in Section 41.
• The relevant copy must be certified by the Registrar.
• In the case of a register entry, the register must be duly maintained by the University.
• The original document must be of a kind that would itself have been admissible in evidence if produced.
• When these requirements are satisfied, the certified copy may be admitted as evidence in accordance with Section 41.

Records Covered by Section 41

The wording of Section 41 is broad. Depending upon the facts of a particular matter, it may cover a certified copy of a University receipt, application, notice, order, proceeding, resolution, another document held by the University or an entry contained in a duly maintained University register.

Role of the Registrar

Certification by the Registrar is an important statutory requirement. Section 41 specifically provides the evidentiary benefit to a copy that is certified by the Registrar. A mere photocopy or an uncertified reproduction should not be treated as satisfying this particular statutory certification requirement merely because the underlying document is a University record.

Section 41 and the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 now contains the general statutory framework governing evidence. For example, Section 59 provides the general rule regarding proof of documents by primary evidence, while Section 60 specifies circumstances in which secondary evidence relating to documents may be given. Section 60 expressly recognises, among other cases, documents for which a certified copy is permitted by the Bharatiya Sakshya Adhiniyam or by another law in force in India.

Section 41 of the Central Universities Act should therefore be read as the special provision governing the evidentiary treatment of the University records specified in that section, while the applicable general evidence law and the facts of the proceeding must also be considered.

Electronic and Digital University Records

Modern University administration commonly involves electronic records. The Bharatiya Sakshya Adhiniyam, 2023 separately deals with electronic and digital records, including their admissibility and proof. Where a University record is electronic or digital, the requirements applicable to electronic evidence should therefore also be examined rather than assuming that Section 41 by itself resolves every issue relating to the electronic form of the record.

Practical Effect of Section 41

The provision is intended to simplify proof of official University records. Where an eligible record is properly certified by the Registrar, the certified copy may be used as prima facie evidence without insisting upon production of the original merely for proving the matters covered by the section, provided the original would itself have been admissible if produced.

The precise evidentiary effect in a particular judicial, administrative or disciplinary proceeding will depend upon the document, the certification, the issue for which it is tendered and the other applicable provisions of law.

Related Provisions

The immediately preceding provision, Section 40 of the Central Universities Act - Protection of action taken in good faith, deals with protection in respect of actions taken in good faith.

The next provision, Section 42 of the Central Universities Act - Power to remove difficulties, concerns the statutory power to remove difficulties.