Section 3. The word "and" rep. by Act 10 of 1914, s. 3 and the Second Schedule

3. The word "and" rep. by Act 10 of 1914, s. 3 and the Second Schedule. 4. Sub-section (3) rep. by s. 3 and the Second Schedule, ibid . 5. Subs. by Act 56 of 1962, s. 4, for clause (1). 6. Subs. by s. 4, ibid ., for sub-clause (a) 7. Added by Act 1 of 1893, s. 2. 8. Subs. by Act 55 of 2002, s. 11, for sub-section (3) (w.e.f. 6-2-2003). 9. Subs. by Act 1 of 1984, s. 2, for clause (4) (w.e.f. 15-2-1984). (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 Division; (7) "trial" means any hearing before the Court at which evidence is taken; and 1[(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.] 2 [(c) a printout of any entry in the books of a bank stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism obtained by a mechanical or other process which in itself ensures the accuracy of such printout as a copy of such entry and such printout contains the certificate in accordance with the provisions of section 2A.] 3[ 2-A. Conditions in the printout.— 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; 1. Subs. by Act 21 of 2000, s. 93 and the third Schedule, for sub-section (8) (w.e.f. 17-10-2000). 2. Ins. by Act 55 of 2002, s. 11 (w.e.f. 6-2-2003). 3. Ins. by Act 21 of 2000, s. 93 and the third Schedule (w.e.f. 17-10-2000). (H) the safeguards to prevent and detect any tampering with the system; and 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.] — 3. Power to extend provisions of Act. The State Government may, from time to time, by notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or individual carrying on the business of bankers within the territories under its administration, and keeping a set of not less than three ordinary account-books, namely, a cashbook, a day-book or journal, and a ledger, and may in like manner rescind any such notification. — 4. Mode of proof of entries in bankers' books. Subject to the provisions of this Act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise.