• Specific Year
    Any

BILLS OF EXCHANGE ACT 1909

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title [ see Note 1]  
  • 2 Commencement [ see Note 1]  
  • 4 Interpretation of terms  
  • 5 Application of rules of bankruptcy and common law  
  • 6 Application of Act  
  • 7 Application of State laws  

PART II--BILLS--OF EXCHANGE

Division 1--Form and interpretation

  • 8 Bill of exchange defined  
  • 9 Inland and foreign bills  
  • 10 Effect where different parties to bill are the same person  
  • 11 Address to drawee  
  • 12 Certainty required as to payee  
  • 13 What bills are negotiable  
  • 14 Sum payable  
  • 15 Bill payable on demand  
  • 16 Bill payable at a future time  
  • 17 Omission of date in bill payable after date  
  • 18 Ante - dating and post - dating  
  • 19 Computation of time of payment  
  • 20 Case of need  
  • 21 Optional stipulation by drawer or indorser  
  • 22 Definition and requisites of acceptance  
  • 23 Time for acceptance  
  • 24 General and qualified acceptances  
  • 25 Inchoate instruments  
  • 26 Delivery  

Division 2--Capacity and authority of parties

  • 27 Capacity of parties  
  • 28 Signature essential to liability  
  • 29 Forged or unauthorized signature  
  • 30 Procuration signatures  
  • 31 Person signing as agent or in representative capacity  

Division 3--The consideration for a bill

  • 32 Value and holder for value  
  • 33 Accommodation bill or party  
  • 34 Holder in due course  
  • 35 Presumption of value and good faith  

Division 4--Negotiation of bills

  • 36 Negotiation of bill  
  • 37 Requisites of a valid indorsement  
  • 38 Conditional indorsement  
  • 39 Indorsement in blank and special indorsement  
  • 40 Restrictive indorsement  
  • 41 Negotiation of overdue or dishonoured bill  
  • 42 Negotiation of bill to party already liable thereon  
  • 43 Rights of holder  

Division 5--General duties of the holder

  • 44 When presentment for acceptance is necessary  
  • 45 Time for presenting bill payable after sight  
  • 46 Rules as to presentment for acceptance and excuses for non - presentment  
  • 47 Non - acceptance  
  • 48 Dishonour by non - acceptance and its consequences  
  • 49 Duties as to qualified acceptances  
  • 50 Rules as to presentment for payment  
  • 51 Excuses for delay or non - presentment for payment  
  • 52 Dishonour by non - payment  
  • 53 Notice of dishonour and effect of non - notice  
  • 54 Rules as to notice of dishonour  
  • 55 Excuses for non - notice and delay  
  • 56 Noting or protest of bill  
  • 57 Duties of holder as regards drawee or acceptor  

Division 6--Liabilities of parties

  • 58 Funds in hands of drawee  
  • 59 Liability of acceptor  
  • 60 Liability of drawer or indorser  
  • 61 Stranger signing bill liable as indorser  
  • 62 Measure of damages against parties to dishonoured bill  
  • 63 Transferor by delivery and transferee  

Division 7--Discharge of bill

  • 64 Payment in due course  
  • 65 Banker paying demand draft whereon indorsement is forged  
  • 66 Acceptor the holder at maturity  
  • 67 Express waiver  
  • 68 Cancellation  
  • 69 Alteration of bill  

Division 8--Acceptance and payment for honour

  • 70 Acceptance for honour supra protest  
  • 71 Liability of acceptor for honour  
  • 72 Presentment to acceptor for honour  
  • 73 Payment for honour supra protest  

Division 9--Lost instruments

  • 74 Replacement of lost or destroyed bill  
  • 75 Action on lost bill  

Division 10--Bill in a set

  • 76 Rules as to sets  

Division 11--Conflict of laws

  • 77 Rules where laws conflict  
  • 77A Effect of non - compliance with stamp laws in case of certain bills of exchange  

PART III--CHEQUES--ON A BANKER

Division 1--Cheques generally

  • 78 Cheque defined  
  • 79 Presentment of cheque for payment  
  • 80 Rights of banker as regards stale cheques  
  • 81 Revocation of banker's authority  

Division 2--Crossed cheques

  • 82 General and special crossings defined  
  • 83 Crossing by drawer or after issue  
  • 84 Crossing a material part of cheque  
  • 85 Duties of banker as to crossed cheques  
  • 86 Protection to banker and drawer where cheque is crossed  
  • 87 Effect of crossing on holder  
  • 88A Cheques drawn by a bank on itself  

Division 3--Other provisions relating to cheques

  • 88B Protection of bankers paying unindorsed or irregularly indorsed cheques or drafts  
  • 88C Payment of unindorsed cheque or draft as evidence of receipt by payee  
  • 88D Protection of bankers collecting payment of cheques etc.  
  • 88E Rights of banker collecting cheque not indorsed by payee  

PART IV--PROMISSORY--NOTES

  • 89 Promissory note defined  
  • 90 Delivery necessary  
  • 91 Joint and several notes  
  • 92 Note payable on demand  
  • 93 Presentment of note for payment  
  • 94 Liability of maker  
  • 95 Application of Part II to notes  

PART V--SUPPLEMENTARY

Navigate