THE THIRD SCHEDULE
(See section 93)
Amendments to the bankers' books evidence act ' 891
(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;:: 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 date 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.'.
- After section 2, the following section shall be inserted, namely:-
Conditions in the printout.
"2A. A printout of entry or a copy of printout referred to in sub-section
(8) of 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 to 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, such 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.".