In this Act, unless
there is something repugnant in the subject or context,--
(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" mean--
(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.
(c) any post office
savings bank or money order office:
(3) "bankers books"
include ledgers, day-books, cash-books, account-books
and all other records used in the ordinary business
of the bank, whether these records are kept in written
form or stored in a micro film, magnetic tape or in
any other form of m chanical or electronic data retrieval
mechanism, either onsite or at any offsite location
including a back-up or disaster recovery site of both;';
:
(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,
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 legal proceeding is held
or taken:
(6) "Judge"
means a Judge of a High Court:
(7) "trial" means
by hearing before the Court at which evidence is taken:
and
(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 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 electromagnetic
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.
(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.
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