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THE THIRD SCHEDULE
(AMENDMENTS TO THE BANKERS' BOOKS EVIDENCE ACT, 1891 )
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| 1 |
In section 2 -
| (a) |
for clause (3),
the following clause shall be substituted, namely -
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(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
storage device;
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| (b) |
for clause (8),
the following clause shall be substituted, namely -
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| (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 an 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. |
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| 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. |
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| (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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