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  "title": "COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939",
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  "text": "THE COMMERCIAL DOCUMENTS EVIDENCE Act, 1939 \r\n(XXX of 1939) \r\nCONTENTS \r\n1. Short title and extent \r\n2. Statements of relevant facts in scheduled documents to be themselves \r\nrelevant facts \r\n3. Presumption as to genuineness of documents \r\n4. Definition \r\nTHE SCHEDULE \r\nTEXT \r\nTHE COMMERCIAL DOCUMENTS EVIDENCE Act, 1939 \r\n1\r\n(XXX of 1939) \r\n[26th September, 1939] \r\nAn \r\nAct \r\nto amend the Law of Evidence with respect to certain commercial documents. \r\nWHEREAS it is expedient to amend the Law of Evidence with respect to \r\ncertain commercial documents; \r\nIt is hereby enacted as follows:– \r\n1. Short title and extent. – (1) This Act  may be called the Commercial \r\nDocuments Evidence Act, 1939. \r\n2\r\n[(2) It extends to the whole of Pakistan.] \r\n2. Statements of relevant facts in scheduled documents to be themselves \r\nrelevant facts. – Notwithstanding anything contained in the Evidence Act, 1872, \r\nstatements of facts in issue or of relevant facts made in any document included in \r\nthe Schedule as to matters usually stated in such document shall be themselves \r\nrelevant facts within the meaning of that Act. \r\n3. Presumption as to genuineness of documents. – For the purposes of the \r\nEvidence Act, 1872, and notwithstanding anything contained therein, a Court– \r\n(a) shall presume, within the meaning of that Act, in relation to documents  \r\nincluded in Part I of the Schedule, and \r\n(b) may presume, within the meaning of that Act, in relation to documents \r\nincluded in Part II of the Schedule,–  \r\nthat any document purporting to be a document included in Part I or Part II of \r\nthe Schedule, as the case may be, and to have been duly made by or under the \r\nappropriate authority, was  so made and that the statements contained therein are \r\naccurate. \r\n4. Definition.– In the Schedule the expression \"recognised Chamber of \r\nCommerce” means a Chamber of Commerce recognised by the Government of its \r\ncountry as being Competent to issue certificate s of origin, and includes any other \r\nassociation similarly recognised. \r\n                                                 \r\n1For Statement of Objects and Reasons, see Gazette of India, 1937, Pt. V, p. 119; for Report of Select Committee,  see ibid, \r\n1939, Pt. V, p. 157. This Act has been applied to Balochistan, see Gazette of India, 1940, Pt. I, p.790.  \r\nIt has also been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws).  \r\nOrder, 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 \r\n1499.–  \r\n2Substituted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14.10.1955, S .3 and 2nd Schedule, for \r\nthe original sub-section (2), as amended by A.0., 194 ;and published in Gazette (Extraordinary), dated 9.6.1960. \r\nTHE SCHEDULE \r\n(See sections 2 and 3) \r\nPART I \r\nDocuments in relation to which the Court \" SHALL presume\" \r\n1. Lloyd’s Register of Shipping. \r\n2. Lloyd’s Daily Shipping Index. \r\n3. Lloyd’s Loading List. \r\n4. Lloyd’s Weekly Casualty Reports. \r\n5. Certificate of delivery of goods to the Manchester Ship Canal \r\nCompany. \r\n6. Official log book, Supplementary Official log book and official wireless \r\nlog kept by a British ship. \r\n7. Certificate of Registry, Safety Certificate, Safety Radio Telegraphy \r\nCertificate, Exemption Certificate, Certificate of Survey, Declaration of \r\nSurvey, International Load Line Certificate, \r\n3\r\n[Pakistan Load Line \r\nCertificate], Report of Survey of a ship provisionally detained and \r\nunsafe, Rep ort of Survey to be served upon the master of a ship \r\ndeclared unsafe upon survey, Docking Certificate, Memorandum \r\nissued under Article 56 of the International Convention for the Safety of \r\nLife at Sea, 1929. \r\n8. Certificates A and B, issued under the Merchant Shipping Act, 1923. \r\n9. The following documents relating to marine insurance, namely, \r\ninsurance policy, receipt for premium, certificate of insurance and \r\ninsurance cover note. \r\n10. Certificate concerning the loss of country craft issued by the \r\nappropriate authority under Department of Commerce, Mercantile \r\nMarine Department Circular No. 2 of 1938. \r\n11. Protest made before a Notary Public or other duly authorised official by \r\na master of a ship relating to circumstances calculated to affect the \r\nliability of the ship-owner. \r\n12. Licence or permit for radio -telegraph apparatus carried in ships or \r\naircraft. \r\n13. Certificate of registration of an aircraft granted by the Government of \r\nthe country to which the aircraft belongs. \r\n14. Certificate of airworthiness of an aircraft granted or validity by, or under \r\nthe authority of, the Government of, the country to which the aircraft \r\nbelongs. \r\n15. Licences and certificates of competency of aircraft personnel granted \r\nor validated by, or under the authority of the Government of th e country \r\nto which the personnel belongs. \r\n                                                 \r\n3Substituted for“British India Load Line Certificate” .by A.O. 1949. \r\n16. Ground Engineer’s Licence issued by a competent authority authorised \r\nin this behalf by Government. \r\n17. Consular Certificate in respect of goods shipped or shut out, consular \r\ncertificates of origin, and consular invoice. \r\n18. Certificate of origin of goods issued (but not merely attested) by a \r\nrecognised Chamber of Commerce, or by a \r\n4\r\n[Pakistan or British \r\nConsular Officer] or \r\n5\r\n[Pakistan or British] Trade Commissioner or \r\nAgent. \r\n19. Receipt for payment of customs duty issued by a Customs authority. \r\n20. Schedule issued by a Port, Dock, Harbour, Wharfage or Warehouse \r\nauthority, or by a Railway company, showing fees, dues, freights or \r\nother charges for the storage, transport or other services in connection \r\nwith goods. \r\n21. Tonnage schedule and schedule of fees, commission or other charges \r\nfor services rendered, issued by a recognised Chamber of Commerce. \r\n22. 6\r\n[* * * * * * * * * * *   ] \r\n23. Copy, certified by the Registrar of Companies, of the memorandum or \r\nthe articles of association of a company, filed under the Companies \r\nAct, 1913. \r\n24. Protest, noting and certifying the dishonour of a bill of exchange, made \r\nbefore a Notary Public or other duly authorised official. \r\nPART II \r\nDocuments in relation to which the Court \"May presume\" \r\n1. Survey Report issued by a competent authority– \r\n(i) in respect of cargo loaded ; or  \r\n(ii) certifying the quantity of coal loaded ; or  \r\n(iii) in respect of the security of hatches. \r\n2. Official log book, Supplementary Official log book and official wireless \r\nlog kept by a foreign ship. \r\n3. Dock certificate, dock challan, dock receipt or warrant, Port Warehouse \r\ncertificate or warrant, issued by, or under the authority of, a Port, Dock, \r\nHarbour or Wharfage authority. \r\n4. Certificate issued by a Port, Dock, Harbour, Wharfage or other \r\nauthority having control of acceptance of goods for shipping, transport \r\nor delivery, relating to the date or time of shipment of goods, arrival of \r\ngoods for acceptance, arrival of vessels or acceptance or delivery of \r\ngoods, or to the allocation of berthing accommodation to vessels. \r\n                                                 \r\n4Substituted for “British Consular Officer” by A.O. 1949.  \r\n5Substituted for “British or Indian” by A.O. 1949.  \r\n6Omitted by A.O. 1949. \r\n5. Export Application issued by a Port authority showing dues paid, \r\nweight and measurement and the shutting out of a consignment. \r\n6. Certificate or receipt showing the weight or measurement of a \r\nconsignment issued by the  official measurer of the Conference Lines, \r\nor by a sworn or licensed measurer, or by a recognised Chamber of \r\nCommerce. \r\n7. Reports and publications issued by a Port authority showing the \r\nmovement of vessels, and certificates issued by such authority relati ng \r\nto such movements. \r\n8. Certificate of safety for flight signed by a licensed Ground Engineer. \r\n9. Aircraft Log Book, Journey Log Book and Log Book, maintained by the \r\nowner or operator in respect of aircraft. \r\n10. Passenger List or Manifest of Goods carried in public transport aircraft. \r\n11. Passenger ticket, issued by a steamship company or air transport \r\ncompany. \r\n12. Air Consignment Note and Baggage Check, issued by an air transport \r\ncompany in respect of goods carried by air, and the counterfoil or \r\nduplicate thereof retained by the carrier. \r\n13. Aircraft Load Sheet. \r\n14. Storage warrant of a warehouse recognized by a Cus toms, Excise, \r\nPort, Dock, Harbour or Wharfage authority. \r\n15. Acknowledgment receipt for goods granted by a Port, Dock, Harbour, \r\nWharfage or Wa rehouse authority or by a Railway or Steamship \r\ncompany. \r\n16. Customs or Excise pass and Customs or Excise permit or certificate, \r\nissued by a Customs or Excise authority. \r\n17. Force majeure certificate issued by a recognised Chamber of \r\nCommerce. \r\n18. Receipt of a Railway or Steamship company granted to a consignor in \r\nacknowledgment of goods entrusted to the company for transport. \r\n19. Receipt granted by the Posts and Telegraphs Department. \r\n20. Certificate or survey award issued by a recognised Chamber of \r\nCommerce relating to the quality, size, weight or valuation of any \r\ngoods, count of yarn or percentage of moisture in yarn and other \r\ngoods. \r\n21. Copy, certified by the Registrar of Companies, of the Balance Sheet, \r\nProfit and Loss Account, and audit report of a comp any, filed with the \r\nsaid Registrar under the Companies Act, 1913, and the rules made \r\nthereunder.",
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