Post by Madhav Ganesh on Dec 12, 2006 18:16:37 GMT 5
In this Act, unless there is something repugnant in the subject or context,-
4[(1) "company" means any company as defined in section 3 of the Companies Act, 1956, (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) "bank" and "banker" means -
5[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided;
6[(c) any post office savings bank or a money order office;]
6A[(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.]
7[(4) "legal proceeding" means,-
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court;
(7) "trial" means any hearing before the Court at which evidence is taken; and
6A[(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 books is still in the custody of the bank, and where the copy was obtained by 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 has 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) consists 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.]
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 descriptions 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 behalf, 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.]
Foot Notes
1. This Act has been extended to Pondicherry by Act No. 26 of 1968.
2. Substituted by Act No. 3 of 1951 for the words and letter "except Part B States".
3. The word "and" at the end of sub-section (2) and sub-section (3) omitted by Act No. 10 of 1914.
4. Substituted by Act No. 56 of 1962, for earlier clause (1).
5. Substituted, ibid, for earlier sub-clause (a).
6. Added by Act No. 1 of 1893.
6A. Substituted by the Information Technology Act, 2000 w.e.f. 9th. June, 2000.
7. Substituted by Act No. 1 of 1984, w.e.f. 15th. February, 1984.
7A. Inserted by the Information Technology Act, 2000 w.e.f. 9th. June, 2000.
8. Inserted by Act No. 1 of 1984, w.e.f. 15th. February, 1984.
4[(1) "company" means any company as defined in section 3 of the Companies Act, 1956, (1 of 1956), and includes a foreign company within the meaning of section 591 of that Act;
(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(2) "bank" and "banker" means -
5[(a) any company or corporation carrying on the business of banking;]
(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided;
6[(c) any post office savings bank or a money order office;]
6A[(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.]
7[(4) "legal proceeding" means,-
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court;
(7) "trial" means any hearing before the Court at which evidence is taken; and
6A[(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 books is still in the custody of the bank, and where the copy was obtained by 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 has 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) consists 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.]
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 descriptions 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 behalf, 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.]
Foot Notes
1. This Act has been extended to Pondicherry by Act No. 26 of 1968.
2. Substituted by Act No. 3 of 1951 for the words and letter "except Part B States".
3. The word "and" at the end of sub-section (2) and sub-section (3) omitted by Act No. 10 of 1914.
4. Substituted by Act No. 56 of 1962, for earlier clause (1).
5. Substituted, ibid, for earlier sub-clause (a).
6. Added by Act No. 1 of 1893.
6A. Substituted by the Information Technology Act, 2000 w.e.f. 9th. June, 2000.
7. Substituted by Act No. 1 of 1984, w.e.f. 15th. February, 1984.
7A. Inserted by the Information Technology Act, 2000 w.e.f. 9th. June, 2000.
8. Inserted by Act No. 1 of 1984, w.e.f. 15th. February, 1984.