(1) If any person is bound to witness any act in the
course of proceedings or affixing signature or thumb impression on a
document prepared by the court pursuant to this Act, such person
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shall assist the court by so being witness or affixing signature or
thumb impression on such document.
(2) If any person bound to witness any act or affix signature
or thumb impression on any document pursuant to sub-section (1)
refuses to do so, the employee executing that act or document may
sign and execute such document, by taking signature or thumb
impression of any other two persons present, setting out that matter
and remarks, along with the reason for the failure of such person to
witness or sign the document.
(3) Any document executed pursuant to sub-section (2)
shall be deemed to have been executed in fulfillment of the
requirements specified by law.
(4) If any person bound to affix his or her signature or
thumb impression on any document executed before the court refuses
to do so, the judge shall set out the matter, mention remarks in the
document and sign it.
(5) If any person does not assist the court by omitting to
witness any act or to affix signature or thumb impression on any
document under this Section, the court may fine such person with a
maximum of five thousand rupees.
(6) If any person, when affixing his or her signature or
thumb impression on a document pursuant to this Act, expresses his
or her disagreement over any matter contained in the document, he
or she may affix his or her signature or thumb impression on it,
separately stating his or her remarks.
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