COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939

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THE COMMERCIAL DOCUMENTS EVIDENCE Act, 1939 
(XXX of 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 
TEXT 
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. 
WHEREAS it is expedient 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 certificate s of origin, and includes any other 
association similarly recognised. 
                                                 
1For 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 G azette of India , 1937, Pt I, p 
1499.–  
2Substituted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14.10.1955, S .3 and 2nd Schedule, for 
the original sub-section (2), as amended by A.0., 194 ;and published in Gazette (Extraordinary), dated 9.6.1960. 
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 provisionally detained and 
unsafe, Rep ort 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 aircraft 
belongs. 
15. Licences and certificates of competency of aircraft personnel granted 
or validated by, or under the authority of the Government of th e country 
to which the personnel belongs. 
                                                 
3Substituted for“British India Load Line Certificate” .by A.O. 1949. 
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. 
22. 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. 
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. 
                                                 
4Substituted for “British Consular Officer” by A.O. 1949.  
5Substituted for “British or Indian” by A.O. 1949.  
6Omitted by A.O. 1949. 
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 relati ng 
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 Cus toms, Excise, 
Port, Dock, Harbour or Wharfage authority. 
15. Acknowledgment receipt for goods granted by a Port, Dock, Harbour, 
Wharfage or Wa rehouse 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 comp any, filed with the 
said Registrar under the Companies Act, 1913, and the rules made 
thereunder.