Commercial Documents Evidence Act, 1939

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THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939 
 
CONTENTS 
1.  Short title and extent 
2.  Statements of relevant facts in scheduled documents to be themselves relevant facts 
3.  Presumption as to genuineness of documents 
4.  Definition 
THE SCHEDULE 
 
 
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THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939 
ACT No. XXX OF 1939 
[26th September, 1939] 
An Act to amend the Law of Evidence with respect to certain commercial documents. 
 WHEREAS it is expedient to amend the Law of Evidence with respect to certain commercial 
documents; 
 It is hereby enacted a follows:__ 
 1. Short title and extent. __(1) This Act may be called the Commercial Documents Evidence 
Act, 1939. 
 1[(2) It extends to the whole of Pakistan.] 
 2. Statements of relevant facts in scheduled documents to be th emselves relevant facts.  
Notwithstanding anything contained in the Evidence Act, 1872 (I of 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 (I of 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 o r 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 Comme rce” 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. 
 
 
 
 
 
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch.  
 
 
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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 
1[Pakistan Load Line Certificate], Report of Survey of a ship 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 valida ted by, or under the authority 
of, the Government of, the country to which the aircraft belongs. 
 15. Licences and certificates of competency of aircraft per sonnel granted or validated by, or 
under the authority of, the Government of the country to which the personnel belongs. 
 
1Subs. by the Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), s. 2 and Sch. 
 
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 16. Ground Engineer’s Licence issued by a competent authority authorised in this behalf by 
Government. 
 17. Consular Certificate in respect o f 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 1[Pakistan or British Consular Officer] or 1[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 cha rges 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.   1[*         *                 *                   *                *                 *                *] 
 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 certify ing 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. 
 3. Dock certificate, dock challan, dock receipt or warr ant, Port Warehouse certificate or 
warrant, issued by, or under the authority of, a Port, Dock, Harbour or Wharfage authority. 
 
 
 
1Subs. and omitted by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), s. 2 & Sch.  
 
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 4. Certificate issued by a Port, Dock, Harbour, Wharfage or other authority having control of 
acceptance of goods for ship ping, 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 w eight or measure ment of a consignment issued by the 
official measurer of the Con ference Lines, or by a sworn or licensed measurer, or by a recog nised 
Chamber of Commerce. 
 
 7. Reports and publications issued by a Port authority showing the movement of v essels, 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 comp any 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 Cus toms, 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 there under.  
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            Date: 07-01-2025