THE BANKERS" BOOKS EVIDENCE ACT, 1891
lACT No. XVIII OF 1891
[1st October, 1891]
An Act to amend the Law of Evidence with respect to Bankers" Books.
WHEREAS it is expedient to amend the Law of Evidence with respect to Bankers" Books; It is hereby enacted as follows:-
1. Title and extent.–(1) This Act may be called the Bankers" Books Evidence, 1891.
1For Statement of Objects and Reasons, see Gazette of India, 1891, Pt. v, P. 24: for report of the Select Committe, see ibid., p. 189, and for Proceedings in Council, see ibid., Pt. VI, pp. 15,25,117,135 and 140.
The Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913).
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G .O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
The Act and the rules, notifications and orders made thereunder, have been applied to the whole of the Federally Administered Tribal Areas or to the parts of those Areas to which they do not already apply, by Regulation No.I of 1975, s. 2 and the Schedule.
The Act and the rules, notifications and orders made thereunder, as in force in N.W.F.P. before the 15th July, 1975, have been applied to the Districts of Chitral, Dir and Swat and Malakand Protected Areas of the N.W.F.P. by Reg. No. III of 1975, s. 2 and Sch.
1[(2) It extends to the whole of Pakistan]; 2*
2* * * * * * *
2. Definitions.–In this Act, unless there is something repugnant in the subject or context,–
3[(1) “company” means a company registered under any of the enactments relating to companies for the time being in force in any part of His Majesty"s dominions or incorporated by an Act of Parliament 4[of the United Kingdom] or by an 5[Pakistan] law or by Royal Charter or by Letters Patent:]
(2) “bank” and “banker” mean–
(a) any company carrying on the business of bankers,
(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 money order office:]
(3) “bankers" books” include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank:
(4) “legal proceeding” means any proceeding or inquiry in which evidence is or may be given, and includes an arbitration: