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194.1. Reverting to the first category, as noted earlier,
there is a legal presumption in relation to the public
documents as envisaged in the 1872 Act. Such public
documents, therefore, cannot be ignored by the CBSE.
Taking note of those documents, the CBSE may entertain
the request for recording change in the certificate issued
by it. This, however, need not be unconditional, but
subject to certain reasonable conditions to be fulfilled by
the applicant as may be prescribed by the CBSE, such
as, of furnishing sworn affidavit containing declaration
and to indemnify the CBSE and upon payment of
prescribed fees in lieu of administrative expenses. The
CBSE may also insist for issuing public notice and
publication in the Official Gazette before recording the
change in the fresh 3 certificate to be issued by it upon
surrender/return of the original certificate (or duplicate
original certificate, as the case may be) by the applicant.
The fresh certificate may contain disclaimer and
caption/annotation against the original entry (except in
respect of change of name effected in exercise of right to
be forgotten) indicating the date on which change has
been recorded and the basis thereof. In other words, the
fresh certificate may retain original particulars while
recording the change along with caption/annotation
referred to above (except in respect of change of name
effected in exercise of right to be forgotten)."