15. Insertion of new sections 440B and 440C in the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The following new sections are hereby inserted immediately after section 440A of the principal enactment and shall have effect as sections 440B and 440C of this enactment:-

440B. (1) Where a party to any proceedings in a civil court requires for the purposes of such proceedings a certified copy of any document, or of any register either deposited or maintained or kept in the custody, (or a certified copy of any register or book) maintained in the ordinary course of business, at any Public

Office, Public Corporation, Provincial Council or Local Authority in the ordinary course of business, the Judge conducting the Pre-Trial hearing or the court, as the case may be may upon application made in that behalf by a party

“Obtaining copies of the documents maintained by any

Public

Office,

Corporation etc.

by motion supported by an affidavit affirming the relevancy of such certified copy in the proceedings direct the officer in charge of such office, Public Corporation, Provincial Council or Local Authority, as the case may be to issue such certified copy. Upon production of the order of court or Judge conducting the

Pre-Trial hearing and upon payment of the relevant charges, such party shall be entitled to obtain a certified copy of the document concerned.

(2)

A certified copy obtained by a party under subsection (1) from any Public Office,

Public Corporation, Provincial Council or

Local Authority, relevant to any proceeding by such party may, without an officer from the

Public Office, Public Corporation, Provincial

Council or Local Authority concerned being called as a witness, be produced in such proceeding in proof of the fact that such document was made or such document is in the custody of such Public Office, Public

Corporation, Provincial Council or Local

Government Authority concerned and be prima facie proof of the contents therein:

Provided, however that the court may of its own motion or upon application made by any party to such proceedings require the production of the original document and permit any such party to examine it or require that the officer who is in charge of keeping or maintaining such document be summoned as a witness.

440C. (1) Notwithstanding anything to the contrary in this Code or any other law, it shall not be necessary to adduce proof of any document which is, ex facie, an original document or a certified copy issued by a Public

Office, Public Corporation, Provincial Council or any Local Authority, unless the authority of such document is impeached by the opposing party for reasons to be recorded and for such reasons, the court may require proof thereof.

(2)

Where the genuineness of any document is impeached by a party, such party shall state the reason for impeaching its genuineness and the court shall record the same.

(3)

In the event that the court, after evidence is lead as to the proof of the document, accepts the document, the party who impeached the document shall be liable to pay incurred cost of proving the document, in addition to taxed costs, unless the court for good reason directs otherwise.”.

Read on from s 16