Sri Lanka Consolidated Acts

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Business Names Act (No. 7 of 1987) - Sect 28

Power to make copies of damaged volumes of any register, file or document and to prepare and insert reconstituted folios

28.
(1) Where the Registrar is satisfied that any volume of any register kept under this Act or any file or document has been so damaged as to render that volume, file or document incapable of being mended, he may cause a copy thereof to be made and authenticated in such manner as he may direct.
(2) Any copy made and authenticated under subsection (1) shall replace the volume or folio or documents of which it is a copy and shall for all purposes be deemed to have the same legal force and effect as the volume or file or document which such copy replaces.
(3) The Registrar shall cause every damaged volume, file or document of which a copy has been made under subsection (1) to be preserved as long as it is reasonably practicable for any reference which may be necessary.
(4) Where the Registrar after due investigations is satisfied that any folio of any volume of any register or file has been lost and cannot be recovered or that such folio has been permanently mutilated or so obliterated or damaged as to render the entries or any material part of the entries therein illegible he may cause a reconstructed folio to be prepared.
(5) No folio shall be reconstructed as provided under subsection (4) except in accordance with regulations providing-
(a) for evidence to be admitted and used by the Registrar in ascertaining the particulars originally contained in the lost or mutilated or damaged folio ;
(b) for the giving of notice by the Registrar of the preparation of the reconstructed folio ;
(c) for the lodging of objections by any person affected by any of the particulars contained in the reconstructed folio ; and
(d) for the inquiry into any such objections by the Registrar.
(6) Where any folio has been reconstructed by the Registrar in accordance with the preceding provisions of this section, the Registrar shall authenticate the reconstructed folio in the prescribed manner and shall thereafter cause the reconstructed folio to be inserted in the appropriate volume of the register in the place formerly occupied by the lost folio or in place of the mutilated or damaged folio, or in. a copy of a volume, prepared under the provisions of this section as the case may be and the reconstructed, folio when so authenticated and inserted, shall for all purposes be deemed to have the same legal force and effect as the folio which the reconstructed folio replaces.
(7) The Registrar may, after such inquiry as he may deem necessary, correct any clerical error or omission which may be discovered in any entry in any register or in any certificate, file or document kept or issued under the provisions of this Act and for that purpose may recall any such certificate and amend the same or issue a fresh certificate in its place.

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