THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939
[26th September, 1939]
2. Statements of relevant facts
in scheduled documents to be themselves relevant facts
3. Presumption as to genuineness
of documents.
4. Definition.
THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939
[26th September, 1939]
An Act to amend the
Law of Evidence with respect to certain documents.
Whereas it is expedient to amend the Law of Evidence with respect to
certain commercial documents;
It is hereby enacted as follows:
(1) This Act may be called The
Commercial Documents Evidence Act, 1939.
(2) It extends to the whole of
India except 1[the territories, which
immediately before the Ist November 1956, were comprised in Part B States.]
1. Subs.
by A.0. No. 3 of 1956.
2. Statements
of relevant facts in scheduled documents to be themselves relevant facts-Notwithstanding anything
contained in the Indian 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 purpose of the Indian 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, -
(c) 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 or origin, and includes any other association similarly
recognised.
[See Sections 2 and 3]
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, Indian Load Line Certificate, Report of Survey of a ship
provisionally Certificates A and B issued detained as 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 Indian 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 or
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 validated by, or under the authority of, the Government of the
country to which the aircraft 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 an Indian or British Consular Officer or by an Indian or
British Trade Commissioner or Agent
19. Receipt for payment of
customs duty issued by a Customs authority.
20. Schedule issued by a port,
harbors, dock, 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.
22. The
publication known as the Indian Railway Conference Association Coaching and
Goods Tariffs.
23. Copy,
certified by the Registrar of Companies, or the memorandum or the articles of
association of a company, filed under the Indian Companies Act, 1913.
24. Protest, noting and
certifying the dishonour of’ a bill of exchange, made before
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.
3. Dock
certificate, dock chalan, 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 Iicensed 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 to carrier.
13. Aircraft load sheet.
14. Storage warrant of a
warehouse recognised by a customs, excise, port, dock, harbour or wahrfage
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 majoure certificate issued by a recognised
Chamber of Commerce.
18. Receipt of a Railway or
Steamship company granted to a
consignor in acknowledgement of goods entrusted to the company for transport.
19. Receipt granted by the
Posts and Telegraph 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
Indian Companies Act, 1913, and the rules made thereunder.