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COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939
30 of 1939
26TH SEPTEMBER,1939
"Certain commercial documents of various kinds are by the practice of merchants accepted as evidence and taken as prima facie correct, but in a Court of law they cannot, in the absence of consent by the parties, be admitted in evidence without testimony as to their genuineness or the correctness of the statements made therein. Such documents are not admissible in evidence under S. 32 or any other provision of the Indian Evidence Act, 1872, without further proof. The result is that a party desirous of delaying the proceedings can often insist on the other side getting Commissions issued to take evidence as to facts which are for all practical purposes sufficiently established by the documents in question. It is proposed to undertake legislation on the lines of the Bankers Books Evidence Act, 1891, so as to provide that commercial documents which are accepted as prima facie correct in commercial circles may be admitted in evidence without formal proof. A list of such documents has been prepared in consultation with Commercial Associations and Local Governments. and in included in the Schedule to the Bill, power being reserved to the Government of India to add to the list from time to time and to remove items from it." -Gazette of India, 1937 Pat V. p. 119
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:-
SECTION 01: SHORT TITLE AND EXTENT
This Act has been applied to the Darjeeling district, with effect from the 8th February, 1940, by the late Bengal Government Notification No. 361-J dated the 31st January, 1940. The Act has been extended to States merged in the States of Bombay and Madras; see Bombay Merged States (Laws) Act, 1950(4 of 1950), Schedule II, Pt. 1 (30-3-1950), and Madras Merged States (Laws) Act, 1949(35 of 19490, S. 3 and Sch. 1 (1-1-1950), respectively. It has been extended to the whole State of Maharasthra. by the Commercial Documents Evidence( Maharashtra Extension) Act, 1960( Maharashtra Act 20 of 1960) (24-10-1960) and to the State of Gujarat by Guj. Act 32 of 1962(1-11-1962). It has been extended to the Union Territory of Pondicherry by Pondicherry (Extension of Laws) Act, 1968-(26 of 1968), S. 3(1) & Sch. (1-8-1968).State AmendmentsState Amendments
SECTION 02: 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.
SECTION 03: PRESUMPTION AS TO GENUINENESS OF DOCUMENTS
- For the purposes 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 2 of the Schedule,- that any document purporting to be a document included in Part I or Part II of the Schedule, is 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.
SECTION 04: 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.
SCHEDULE 01:
(See Sections 2-and3-)
PART 01: DOCUMENTS IN RELATION TO WHICH THE COURT "SHALL PRESUME"
1. Lloyd's Register of Shipping. 2. Llody's Daily Shipping Index. 3. Llody's Loading List. 4. Llody'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 detained as unsafe. Report of Survey to be served upon (he master of a ship declared as unsafe upon survey. Docking Certificate, Memorandum issued under Art. 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 polity, 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. 1.1, 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 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 authorized in this behalf by Govenrment. 17. Consular Certificate in respect of goods shipped or shut nut, consular certificates of origin, and consular invoice. 18. Certificate of origin of goads issued [but not merely attested) by a recognised Chamber of Commerce, or by[an Indian or British Consular officer, by an Indian of 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. The publication known as the Indian Railway Conference Association Coaching and Goods Tariffs. 21. Copy, certified by the Registrar of Companies, of the memorandum or the anicies 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 a Notary Public or other duly authorized official.
PART 02: DOCUMENTS IN RELATION TO WHICH THE COURT "MAY PRESUNME"
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 for shipping, transport or delivery, relating to the date of time 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 dock, 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 recognised by a customs, excise, port dock, harbour, or wharfage authority. 15. Acknowledgement 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 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 there under.
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