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Section 40 of The Maulana Azad National Urdu University Act, 1996

A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force.

Summary

This law allows certified copies of University records to be used as evidence in legal proceedings instead of the original documents.
The University Registrar must certify these copies for them to be legally valid under this provision.
Certified copies are treated as prima facie evidence, which means they are accepted as true unless someone proves otherwise.
This rule covers a wide range of records, including meeting minutes, receipts, applications, and official register entries.
This provision applies even if it conflicts with the Indian Evidence Act of 1872 or any other current law.

Practical examples

1Bilal is a former student who needs to prove he submitted an admission application in 2024 for a court case. Instead of the University bringing the original handwritten application file, the Registrar provides a certified copy which the judge accepts as proof.

2In a 2025 dispute over a contract, the University uses a certified copy of a resolution passed by the Executive Council. Because the Registrar signed it as a true copy, the court accepts it as evidence of the decision made during that meeting.

FAQ

1. Can I use a photocopy of an Urdu University receipt in court under Section 40 of The Maulana Azad National Urdu University Act, 1996?

You can use a copy in court as long as it is certified by the Registrar, because Section 40 of The Maulana Azad National Urdu University Act, 1996, makes these certified copies admissible as evidence.

2. Who has the authority to certify records for legal use under Section 40 of The Maulana Azad National Urdu University Act, 1996?

Only the Registrar of the University has the specific power under Section 40 of The Maulana Azad National Urdu University Act, 1996, to certify documents so they can be used as evidence.

3. Does Section 40 of The Maulana Azad National Urdu University Act, 1996, apply if the Indian Evidence Act requires the original?

Yes, Section 40 of The Maulana Azad National Urdu University Act, 1996, explicitly states that it applies regardless of anything contained in the Indian Evidence Act, 1872, or any other law.

4. What types of documents can be proven using copies under Section 40 of The Maulana Azad National Urdu University Act, 1996?

Under Section 40 of The Maulana Azad National Urdu University Act, 1996, you can use certified copies of receipts, applications, notices, orders, proceedings, resolutions, or any entry in a University register.

Test yourself

Q1.Under Section 40 of The Maulana Azad National Urdu University Act, 1996, what is required for a University document copy to be accepted as evidence?

Q2.What does it mean that a document is received as "prima facie evidence" under Section 40 of the Maulana Azad Urdu University Act?

Q3.Which law is specifically mentioned as being overridden by Section 40 of The Maulana Azad National Urdu University Act, 1996?

Q4.Under Section 40 of the Urdu University Act, which of the following can be proven in court using a certified copy?

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