THE COMMERCIAL DOCUMENTS EVIDENCE Act, 1939
1(XXX OF
1939)
[26th September, 1939]
An
Act
to amend the Law of Evidence with respect to
certain commercial documents.
It is
hereby enacted as follows :—
1. Short title and extent.— (1) This
Act may be called the Commercial Documents Evidence Act, 1939.
2 [(2) It extends to the whole of Pakistan.]
2. Statements of relevant facts in scheduled documents to be
themselves relevant
facts.— Notwithstanding anything contained in
the Evidence Act, 1872, statements of facts in issue or of relevant facts made
in any document included in the Schedule as to matters usually stated in such
document shall be themselves relevant facts within the meaning of that Act.
3. Presumption as to genuineness of documents.— For the purposes of the Evidence Act,
1872, and
notwithstanding anything contained therein, a Court—
(a) shall
presume, within the meaning of that Act, in relation to documents included in
Part I of
the Schedule, and
(b) may
presume, within the meaning of that Act, in relation to documents included in
Part II of
the Schedule,—
that any
document purporting to be a document included in Part I or Part II of the
Schedule,as the case may be, and to have been duly made by or under the
appropriate authority, was so made and that the statements contained therein
are accurate.
4. Definition.— In the Schedule
the expression "recognised Chamber of Commerce” means a Chamber of Commerce
recognised by the Government of its country as being Competent to issue
certificates of origin, and includes any other association similarly
recognised.
THE SCHEDULE
(See sections 2 and 3)
PART I
Documents
in relation to which the Court "Shall presume"
1. Lloyd’s
Register of Shipping.
2. Lloyd’s
Daily Shipping Index.
3. Lloyd’s
Loading List.
4. Lloyd’s
Weekly Casualty Reports.
5.
Certificate of delivery of goods to the Manchester Ship Canal Company.
6.
Official log book. Supplementary Official log book and official wireless log
kept by a
British
ship.
7.
Certificate of Registry, Safety Certificate, Safety Radio Telegraphy
Certificate,
Exemption
Certificate, Certificate of Survey, Declaration of Survey, International
Load Line
Certificate, 3[Pakistan Load
Line Certificate], Report of Survey of a ship
1 For Statement of Objects and Reasons,
see Gazette of India, 1937, Pt. V, p. 119; for Report of Select Committee, see
ibid, 1939, Pt. V, p. 157.
This Act
has been applied to Balochistan, see Gazette of India, 1940, Pt. I, p.790.
It has also
been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws).
Order, 1950
(G.G.O. 3 of 1950); and also applied in the Federated Areas of Balochistan, see
Gazette of India, 1937, Pt I, p 1499. –
2 Subs. by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), S .3 and 2nd Sch. (with effect from the
14th October, 1955), for the
original
sub-section (2), as amended by A.0., 1949.
3 Subs. by A.O. 1949, “British India
Load Line Certificate”.
provisionally
detained and unsafe, Report of Survey to be served upon the master of
a ship
declared unsafe upon survey, Docking Certificate, Memorandum issued
under
Article 56 of the International Convention for the Safety of Life at Sea, 1929.
8.
Certificates A and B, issued under the Merchant Shipping Act, 1923.
9. The
following documents relating to marine insurance, namely, insurance policy,
receipt
for premium, certificate of insurance and insurance cover note.
10.
Certificate concerning the loss of country craft issued by the appropriate
authority
under
Department of Commerce, Mercantile Marine Department Circular No. 2 of
1938.
11.
Protest made before a Notary Public or other duly authorised official by a
master of
a ship
relating to circumstances calculated to affect the liability of the ship-owner.
12.
Licence or permit for radio-telegraph apparatus carried in ships or aircraft.
13.
Certificate of registration of an aircraft granted by the Government of the
country to
which the
aircraft belongs.
14.
Certificate of airworthiness of an aircraft granted or validity by, or under
the authority
of, the
Government of, the country to which the personnel belongs.
15.
Licences and certificates of competency of aircraft personnel granted or
validated
by, or
under the authority of the Government of the country to which the personnel
belongs.
16. Ground
Engineer’s Licence issued by a competent authority authorised in this behalf
by
Government.
17.
Consular Certificate in respect of goods shipped or shut out, consular certificates
of
origin,
and consular invoice.
18.
Certificate of origin of goods issued (but not merely attested) by a recognised
Chamber of
Commerce, or by a 4[Pakistan or
British Consular Officer] or 5[Pakistan
or
British] Trade Commissioner or Agent.
19. Receipt
for payment of customs duty issued by a Customs authority.
20.
Schedule issued by a Port, Dock, Harbour, Wharfage or Warehouse authority, or
by
a Railway
company, showing fees, dues, freights or other charges for the storage,
transport
or other services in connection with goods.
21.
Tonnage schedule and schedule of fees, commission or other charges for services
rendered,
issued by a recognised Chamber of Commerce.
6*****
23. Copy,
certified by the Registrar of Companies, of the memorandum or the articles of
association
of a company, filed under the Companies Act, 1913.
24.
Protest, noting and certifying the dishonour of a bill of exchange, made before
a
Notary
Public or other duly authorised official.
PART II
Documents in relation to which the Court "May
presume"
1. Survey Report issued by a competent
authority:-
i. in
respect of cargo loaded ; or
ii.
certifying the quantity of coal loaded ; or
iii. in
respect of the security of hatches.
2.
Official log book. Supplementary Official log book and official wireless log
kept by a
foreign
ship.
4 Subs. by A.O. 1949, for “British
Consular Officer”.
5 Subs. by A.O. 1949, for “British or
Indian”
6 Item 22 omitted by A.O. 1949
3. Dock
certificate, dock challan, dock receipt or warrant, Port Warehouse certificate
or
warrant,
issued by, or under the authority of, a Port, Dock, Harbour or Wharfage
authority.
4.
Certificate issued by a Port, Dock, Harbour, Wharfage or other authority having
control of
acceptance of goods for shipping, transport or delivery, relating to the date
or time of
shipment of goods, arrival of goods for acceptance, arrival of vessels or
acceptance
or delivery of goods, or to the allocation of berthing accommodation to
vessels.
5. Export
Application issued by a Port authority showing dues paid, weight and
measurement
and the shutting out of a consignment.
6.
Certificate or receipt showing the weight or measurement of a consignment
issued
by the
official measurer of the Conference Lines, or by a sworn or licensed
measurer,
or by a recognised Chamber of Commerce.
7. Reports
and publications issued by a Port authority showing the movement of
vessels,
and certificates issued by such authority relating to such movements.
8.
Certificate of safety for flight signed by a licensed Ground Engineer.
9. Aircraft
Log Book, Journey Log Book and Log Book, maintained by the owner or
operator
in respect of aircraft.
10.
Passenger List or Manifest of Goods carried in public transport aircraft.
11.
Passenger ticket, issued by a steamship company or air transport company.
12. Air
Consignment Note and Baggage Check, issued by an air transport company in
respect of
goods carried by air, and the counterfoil or duplicate thereof retained by
the
carrier.
13.
Aircraft Load Sheet.
14.
Storage warrant of a warehouse recognized by a Customs, Excise, Port, Dock,
Harbour or
Wharfage authority.
15.
Acknowledgment receipt for goods granted by a Port, Dock, Harbour, Wharfage or
Warehouse
authority or by a Railway or Steamship company.
16.
Customs or Excise pass and Customs or Excise permit or certificate, issued by a
Customs or
Excise authority.
17. Force
majeure certificate issued by a recognised Chamber of Commerce.
18.
Receipt of a Railway or Steamship company granted to a consignor in
acknowledgment
of goods entrusted to the company for transport.
19.
Receipt granted by the Posts and Telegraphs Department.
20.
Certificate or survey award issued by a recognised Chamber of Commerce relating
to the
quality, size, weight or valuation of any goods, count of yarn or percentage of
moisture
in yarn and other goods.
21. Copy,
certified by the Registrar of Companies, of the Balance Sheet, Profit and Loss
Account,
and audit report of a company, filed with the said Registrar under the
Companies
Act, 1913, and the rules made thereunder.
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