THE THIRD SCHEDULE
AMENDMENTS TO THE BANKERS' BOOKS EVIDENCE ACT, 1891
(18 OF 1891)
1, In section 2
(a) for clause (3), the following clause shall be substituted,
namely:
'(3) "bankers' books" include ledgers, day-books,
cash-books, account-books and all other books used in the ordinary business of a
bank whether kept in the written form or as printouts of data stored in a
floppy, disc, tape or any other form of electro-magnetic data storage device;
(b) for clause (8), the following clause shall be substituted,
namely:
'(8) "certified copy" means when the books of a bank,
(a) are maintained in written form, a copy of any entry in such
books together with a certificate written at the foot of such copy that it
is a true copy
of such entry, that such entry is contained in one of the ordinary books of the
bank and was made in the usual and ordinary course of business and that such
book is still in the custody of the bank, and where the copy was obtained by a
mechanical or other process which in itself ensured the accuracy of the copy, a
further certificate to that effect, but where the book from which such copy was
prepared has been destroyed in the usual course of the bank's business after the
dale on which the copy had been so prepared, a further certificate to that
effect, each such certificate being dated and subscribed by the principal
accountant or manager of the bank with his name and official title: and
(b)consist of printouts of data stored in a floppy, disc, tape or
any other electro-magnetic data storage device, a printout of such entry or a
copy of such printout together with such statements certified in accordance with
the provisions of section 2A.'.
Conditions in the printout
2. After section 2, the following section shall be inserted,
namely:
"2A. A printout of entry or a copy of printout referred to in
sub-section (8) of Conditions in section 2 shall be accompanied by the
following, namely:
(a) a certificate to
the effect that it is a printout of such entry or a copy of such printout by the
principal accountant or branch manager; and
(b) a certificate by
a person in-charge of computer system containing a brief description of the
computer system and the particulars of
(A) the safeguards adopted by the system to ensure that data is
entered or any other operation performed only by authorised persons;
(B) the safeguards adopted to prevent and detect unauthorised change
of data;
(C)the safeguards available to retrieve data that is lost due to
systemic failure or any other reasons;
(D) the manner in which data is transferred from the system to
removable media like floppies, discs, tapes or other electro-magnetic data
storage devices:
(E) the mode of verification in order ensure that data has been
accurately transferred to such removable media;
(F) the mode of identification of such data storage devices:
(G) the arrangements for the storage and custody of such storage
devices;
(H)) the safeguards to prevent and
detect any tampering with the system; and
(I)any other factor which will vouch for the integrity and accuracy
of the system.
(c) a further certificate from the person in-charge of the computer
system to the effect that to the best of his knowledge and belief that the
computer system operated properly at the material time, he was provided with all
the relevant data and the printout in question represents correctly, or is
appropriately derived from, the relevant data.".
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