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LAWS OF MALAYSIA
REPRINT
Act 33
BANKERS' BOOKS (EVIDENCE)
ACT 1949
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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BANKERS' BOOKS (EVIDENCE) ACT 1949
First enacted
...
...
...
...
... 1949 (Ordinance No. 52
of 1949)
Revised
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...
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...
...
... 1971 (Act 33 w.e.f.
1 July 1971)
PREVIOUS REPRINTS
First Reprint ...
...
...
...
...
1993
Second Reprint
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...
...
1999
PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
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LAWS OF MALAYSIA
Act 33
BANKERS' BOOKS (EVIDENCE) ACT 1949
ARRANGEMENT OF SECTIONS
Section
1.
Short title
2.
Interpretation
3.
Mode of proof of entries in bankers' books
4.
Proof that book is a banker's book
5.
Verification of copy
6.
Case in which officer of bank not compellable to produce books, etc.
7.
Court or Judge may order inspection
8.
Costs
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LAWS OF MALAYSIA
Act 33
BANKERS' BOOKS (EVIDENCE) ACT 1949
An Act to provide for the law of evidence relating to bankers'
books.
[Peninsular Malaysia--1 December 1949,
Ord. No. 52 of 1949;
Sabah, Sarawak--1 May 1971,
P.U.(A)95/1971]
Short title
1.  This Act may be cited as the Bankers' Books (Evidence) Act
1949.
Interpretation
2.
In this Act, unless the context otherwise requires--
"bank" and "banker" mean any company carrying on the business
of banking in Malaysia incorporated by or under any written law
in force in Malaysia and any company carrying on such business
in Malaysia under a licence granted under any written law in force
in Malaysia relating to banking, and also any Bank Simpanan Nasional
established in Malaysia;
"banker's book" includes any ledger, day book, cash book, account
book and any other book used in the ordinary business of a bank;
"Court" means the High Court and in connection with any
proceedings before a Sessions Court includes such Court;
"legal proceeding" means any civil or criminal proceeding or
inquiry in which evidence is or may be given and includes an
arbitration.
Mode of proof of entries in bankers' books
3.  Subject to this Act, a copy of any entry in a banker's book
shall in all legal proceedings be received as prima facie evidence
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6
Laws of Malaysia
ACT 33
of such entry and of the matters, transactions and accounts therein
recorded.
Proof that book is a banker's book
4.  (1) A copy of an entry in a banker's book shall not be received
in evidence under this Act unless it is first proved that the book
was, at the time of the making of the entry, one of the ordinary books
of the bank, and that the entry was made in the usual and ordinary
course of business, and that the book is in the custody or control
of the bank.
(2) Such proof may be given by an officer of the bank, and
m a y be given orally or by an affidavit sworn before any
magistrate or person authorized to take affidavits.
Verification of copy
5.  (1) A copy of an entry in a banker's book shall not be received
in evidence under this Act unless it is further proved that the copy
has been examined with the original entry and is correct.
(2) Such proof shall be given by some person who has examined
the copy with the original entry, and may be given either orally or
by an affidavit sworn before any magistrate or person authorized
to take affidavits.
Case in which officer of bank not compellable to produce
books, etc.
6.  An officer of a bank shall not, in any legal proceedings to
which the bank is not a party, be compellable to produce any
banker's book the contents of which can be proved under this Act
or to appear as a witness to prove the matters, transactions and
accounts therein recorded, unless by order of a Judge made for
special cause.
Court or Judge may order inspection
7.  (1) On the application of any party to a legal proceeding the
Court or a Judge may order that such party be at liberty to inspect
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Bankers' Books (Evidence)
7
and take copies of any entries in a banker's book for any of the
purposes of such proceedings.
(2) An order under this section may be made either on or
without summoning the bank or any other party, and shall be
s e r v e d on the bank three clear days before the same is to be
obeyed unless the Court or Judge otherwise directs.
Costs
8.  (1) The costs of any application to the Court or a Judge
under this Act, and the costs of anything done or to be done under
an order of the Court or a Judge made under this Act, shall be in
the discretion of the Court or Judge, who may order the same or
any part thereof to be paid to any party by the bank where the
same have been occasioned by any fault or delay on the part of the
bank.
(2) Any such order against a bank may be enforced as if the
bank was a party to the proceeding.
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LAWS OF MALAYSIA
Act 33
BANKERS' BOOKS (EVIDENCE) ACT 1949
LIST OF AMENDMENTS
Amending law
Short title
In force from
P.U.(A)95/1971
Bankers' Books (Evidence) Ordinance
01-05-1971
(Extension) Order 1971
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LAWS OF MALAYSIA
Act 33
BANKERS' BOOKS (EVIDENCE) ACT 1949
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
NIL