| 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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