section 138 of the Negotiable Instruments Act, 1881, the Government of India have the power to appoint notaries public, but only for the limited purpose of performing functions under that Act. By virtue of an ancient English Statute, the Master of Faculties in England used to appoint notaries public in India for performing all recognised notarial functions, but it is no longer appropriate that persons in this country who wish to function as notaries should derive their authority from an institution in the United Kingdom. The object of the present Bill is to empower the Central and State Governments to appoint notaries, not only for the limited purposes of the Negotiable Instruments Act, but generally for all recognised notarial purposes, and to regulate the profession of such notaries. A Bill on the subject was accordingly introduced in the provisional Parliament on the 19th April, 1951 and referred to a Select Committee on the 18th August. 1951. The report of the Select Committee was presented on the 4th October. 1951, but the bill could not be proceeded with in the last session of Parliament for want of time and, therefore, lapsed Apart from one or two minor drafting changes, the present Bill follows closely the Notaries Bill, 1951, as amended by the Select Committee."-Gaz., of Ind., 1952, Pt. II,section 2, page 166.
An Act to regulate the profession of notaries. Be it enacted by Parliament as follows :-
The Act has now been extended to Jammu and Kashmir State by Act 25 of 1968 and to the -Union territory of Pondicherry by Act 26 of l968. It is also extended to the Union territories of (i) Goa, Daman and Diu by Regulation 12 of 1962 and (ii) Dadra and Nagar Haveli by Regn. 6 of 1963. It has been adapted by the States of Gujarat and Maharashtra by Adaptation of Laws Orders.
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Notaries Act, 1952.
(2) It extends to the whole of India [* * * *]2
(3) It shall come into force on such date3as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires.-
(a)4[* * *]
(b) "instrument" includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded;
"In order to make the definition of 'instrument' more comprehensive, the Committee think that it will be better to insert the words 'modified' and 'suspended' and have amended clause (2) (b) accordingly."-S.C.R.
10(c) "legal practitioner" means an advocate entered in any roll under the provisions of the Advocates Act, 1961 (25 of 1961).
"In the definition of legal practitioner' in clause 2(c), the Committee think that agents of the Supreme Court should be specifically included and have also slightly redrafted the clause to make the intention clear."-S.C.R.
(d) "notary" means a person appointed as such under this Act :
Provided that for aperiod of two years from the commencment5of this Act it shall include also a person who, before such commencement, was appointed a notary public6[under]the Negotiable Instruments Act, 1881 ,7I* * *] and is, immediately before such commencement, in practice in8[any part of india : Provided further that in relation to the State of Jammu and Kashmir the said period of two years shall be computed from the9[date on which this Act comes into force in that State.]
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Register" means a Register of Notaries maintained by the Government under section 4-'
(g)11["State Government", in relation to a Union Territory, means the administrator thereof. ]
SECTION 03: POWER TO APPOINT NOTARIES
The Central Government, for the whole or any part of India, and any State Government, for the whole or any pan of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications12as may be prescribed. "The Committee are of opinion that it is not desirable to discriminate among notaries and to appoint some notaries to perform only a limited class of functions mentioned in Cl. 8 [now section 8-]. The words on such conditions, if any, as it thinks fit' [which occurred in the Bill after the word 'may' ] have been omitted accordingly."-S.C.R.
SECTION 04: REGISTERS
(1) The Central Government and every State Government shall maintain, in such form as may be prescribed, a Register of the notaries appointed by that Government and entitled to practise as such under this Act.
(2) Every such Register shall include the following particulars about the notary whose name is entered therein, namely :-
(a) his full name, date of birth, residential and professional address; (b) the date on which his name is entered in the Register; (c) his qualifications; and (d) any other particulars which may be prescribed.
State Amendments
SECTION 04A: SPECIAL PROVISION REGARDING REGISTERED NOTARIES OF GUJARAT
(1) Notwithstanding anything contained in this Act, the State Government of Gujarat shall prepare in the form prescribed for a Register required to be maintained under section 4-, a Register of Notaries for the State of Gujarat as hereinafter provided.
(2) The State Government of Gujarat shall, by an order published in the Official Gazette, enter in the Register the names of notaries and all particulars relating thereto appearing in the Register maintained immediately before the 1st May, 1960 by the State Government of Bombay (hereinafter referred to as 'the Bombay Register') after excluding from such names, the name of any notary whose professional address as recorded in the Bombay Register falls outside the State of Gujarat.
(3) Before making any Order under sub-section (2), the State Government of Gujarat shall make such inquiry as it deems necessary, and give an opportunity to the person whose name is proposed lo be excluded from the Register, to make his representation, if any.
(4) On preparation of the Register as aforesaid,-
(a) the Register as so prepared shall, for all purposes of this Act, be deemed to be the Register maintained for the State of Gujarat;
(b) all persons whose names have been entered in the Register shall, for the residue of the period for which they were appointed by the State Government of Bombay, be deemed to have been appointed by the State Government of Gujarat, and accordingly, the certificate of practice issued to them under section 5-shall be deemed to have been amended so as to restrict their area of practice to the State of Gujarat."-Notaries Act (Gujarat Adaptation) Order, 1961, published in Guj. Govt. Gaz., 27-4-1961, Pt. IV-A, p. 43.
SECTION 05: ENTRY OF NAMES IN THE REGISTER AND ISSUE OR RENEWAL OF CERTIFICATES OF PRACTICE
(1) Every notary who in ends to practise as such14["may"], on payment to the Government appointing him of the prescribed fee, if any, be entitled-
(a) to have his name entered in the Register maintained by that Government under section 4-, and
(b) to a certificate authorizing him to practice for a period of15["five years"] from the date on which the certificate is issued to him.
16(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, renew the certificate of practice of any notary for a period of five years at a time.
State Amendments
SECTION 05A: SPECIAL PROVISION REGARDING REGISTER OF NOTARIES FOR THE STATE OF MAHARASHTRA
(1) Notwithstanding anything contained in this Act, the State Government of Maharashtra may, by order published in the Official 0az.ette, amend the Register, maintained before the 1st day of May 1960 by the State Government of Bombay, by deleting therefrom the name of any notary whose professional address as recorded in the Register, falls outside the State of Maharashtra :
Provided that, before passing any order as aforesaid, the State Government of Maharashtra shall make such inquiry as it deems necessary, and give an opportunity to the person concerned to make his representation, if any.
(2) After the amendment of the Register as aforesaid,-
(a) the Register as so amended shall, for all purposes of this Act, be deemed to be the Register for the State of Maharashtra: and
(b) all persons whose names remain thereon shall (for the residue of the period for which they were appointed by the State Government of Bombay) be deemed to have been appointed by the State Government of Maharashtra and accordingly, the certificates of practice issued to them under section 5-shall be amended so as to restrict their area of practice to the State of Maharashtra."-
The Central Acts on State and Concurrent Subjects (Maharashtra Adaptation) Order, 1960 (with retrospective effect from 1-5-1960).
SECTION 06: ANNUAL PUBLICATION OF LISTS OF NOTARIES
The Central Government and every State Government shall, during the month of January each year, publish in the Official Gazette a list of notaries appointed by that Government and in practice at the beginning of that year together with such details pertaining to them as may be prescribed.
SECTION 07: SEAL OF NOTARIES
Every notary shall have and use, as occasion may arise, a seal of such form and design as may be prescribed.
SECTION 08: FUNCTIONS OF NOTARIES
(1) A notary may do all or any of the following acts by virtue of his office, namely :-
(a) verify, authenticate, certify or attest the execution of any instrument;
(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
(c) note or protest13the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour underthe Negotiable instruments Act, 1881, or serve notice of such note or protest;
(d) note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;
(e) administer oath to, or take affidavit from, any person;
(f) prepare bottomry and respondent ia bonds, charter parties and other mercantile documents;
(g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate;
(h) translate, and verify the translation of, any document from one language into another;
17(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority,
(hb) act as an arbitrator, mediator or conciliator, if so required;
(i) any other act which may be prescribed.
(2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal.
SECTION 09: BAR OF PRACTICE WITHOUT CERTIFICATE
(1) Subject to the provisions of this section, no person shall practice as a notary or do any notarial act under the official seal of a notary unless he holds a certificate of practice in force issued to him under section 5-:
Provided that nothing in this sub-section shall apply to the presentation of any promissory note, hundi or bill of exchange for acceptance or payment by the clerk of a notary acting on behalf of such notary.
(2) Nothing contained in sub-section (1) shall, until the expiry of two years from the commencement18of this Act, apply to any such person as is referred to in the proviso to clause (d) of section 2-.
19[Provided that in relation to Jammu and Kashmir the said period of two years shall be computed from the20date on which this Act comes into force in that State.]
SECTION 10: REMOVAL OF NAMES FROM REGISTER
- The Government appointing any notary may, by order, remove from the Register maintained by it under section 4-the name of the notary if he-
(a) makes a request to that effect; or
(b) has not paid any prescribed fee required to be paid by him; or
(c) is an undischarged insolvent; or
(d) has been found, upon inquiry in the prescribed manner, to be guilty of such professional or other misconduct as, in the opinion of the Government, renders him unfit to practise as notary .22["or"]
23(e) is convicted by any court for an offence involving moral turpitude; or
(f) does not get his certificate of practice renewed.
SECTION 11: CONSTRUCTION OF REFERENCES TO NOTARIES PUBLIC IN OTHER LAWS
Any reference to a notary public in any other law shall be construed as a reference to a notary entitled to practice under this Act.
SECTION 12: PENALTY FOR FALSELY REPRESENTING TO BE A NOTARY, ETC
-Any person who-
(a) falsely represents that he is a notary without being appointed as such, or
(b) practises as a notary or does any notarial act in contravention of section 9-, shall be punishable with imprisonment for a term which may extend to24["one year"], or with fine, or with both.
SECTION 13: COGNIZANCE OF OFFENCE
(1) No Court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorised by the Central Government or a State Government by general or special order in this behalf.
(2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try an offence punishable under this Act.
"The Committee consider that protection should be given to notaries in respect of cognizance of offences. They think that protection should be given only to notaries who commit an offence acting or purporting to act in the discharge of their functions under this Act. This clause has been inserted to achieve this object."-S.C.R.
SECTION 14: RECIPROCAL ARRANGEMENTS FOR RECOGNITION OF NOTARIAL ACTS DONE BY FOREIGN NOTARIES
If the Central Government is satisfied that by the law or practice of any country or place outside- India, the notarial acts done by notaries within India are recognised for all or any limited purposes in that country or place, the Central Government may, by notification' in the Official Gazette21, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within India for all purposes or, as the case may be, for such limited purposes as may be specified in the notification.
SECTION 15: POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette,
make rules25to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the qualifications of a notary, the form and manner in which applications for appointment as a notary may be made and the disposal of such applications;
(b) the certificates, testimonials or proofs as to character, integrity, ability and competence which any person applying for appointment as a notary may be required to furnish;
27(c) the fees payable for appointment as a notary and for the issue and renewal of a certificate of practice, area of practice or enlargement of area of practice and exemption whether wholly or in part, from such fees in specified classes of cases.
(d) the fees payable to a notary for doing any notarial act;
(e) the form of Registers and the particulars to be entered therein;
(f) the form and design of the seal of a notary;
(g) the manner in which inquiries into allegations of professional or other misconduct of notaries may be made;
(h) the acts which a notary may do in addition to those specified in section 8-and the manner in which a notary may perform his functions;
(i) any other matter which has to be, or may be prescribed.
26[(3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
SECTION 16: AMENDMENT OF ACT 26 OF 1881
[Repealed by the Repealing and Amending Act, 1957 (36 of 1957),section 2-and Schedule I.]
Footnotes:
2. Words "except the State of Jammu and Kashmir" omitted by Act 25 of 1968, section 2 and Schedule ( 15-8-1968).
3. The Act came into force on 14-2-1956, see S.R.O.317 published in Gaz. of Ind., 1956, Extra., Pt. II, section3, p. 179.
4. Omitted by Act 25 of 1968, section 2 and Schedule (15-8-1968).
5. That is, 14-2-1956.
6. Substituted for -either under' by Act 25 of 1968 (15-8-1968).
7. Words 'or by Master of Faculties in England' omitted, Act 25 of 1968.
8. Substituted for 'any part of India', Act 25 of 1968.
9. That is, 15-8-1968.
10. Substituted for " (c) "legal practitioner" means any advocate or agent of the Supreme Court or any advocate, vakil or attorney of any High Court or any pleader authorized under any law for the time being in force to practise in any Court of law; ", vide (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
11. Substituted for the original clause (g) by 3 A.L.O., 1956 (1-11-1956).
12. For the qualifications for appointment as a notary, see Rule 3 of the Notaries Rules, 1956.
13. For the meaning of 'protest', see Negotiable Instruments Act, 1881 (26 of 1881 ), section 100.
14. Substituted for "shall", vide (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
15. Substituted for "three years ", vide (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
16. Substituted for " (2) Every such notary who wishes to continue to practise after the expiry of the period for which his certificate of practice has been issued under this section shall, on application made to the Government appointing him and payment of the prescribed fee, if any, be entitled to have his certificate of practice renewed for three years at a time. ", vide (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
17. Inserted vide (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
18. That is, 14-2-1956.
19. Inserted by Act 25 of 1968, section 2 and Schedule (15-8-1968).
20. That is, 15-8-1968.
21. For such notification regarding : (1) Belgium, see G.S.R. 103, published in Gaz. of Ind., 25-1 -1964. Pt. II. section 3(i), p. 124; (2) New Zealand, see G.S.R. 1230, published in Gaz. of Ind., 25-1 -1964, p. 1392; and (3) Ireland, see G.S.R. 296, published in Gaz. of Ind., 17-2-1968, Pt. II, section 3(i), p. 302.
22. (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
23. Inserted vide (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
24. Substituted for "three months", vide (36 Of 1999), Dt. December 20, 1999 Published in Received the assent of the President on the 17th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No. 49, dated December 20, 1999
25. For the Notaries Rules. 1956, see Gaz. of Ind., 1956, Extra, Pt. II, section 3, p. 191. For the extension and enforcement of these rules in Sikkim on 16-5-1976-See S.O. 213(E) dt. 16-5-1973 published in Gaz. of India, 16-5-1975, Pt. II, section 3(ii), Ext., p. 1229.
NOTARIES RULES, 1956
In exercise of the powers conferred by
Sec. 15 of the Notaries Act, 1952 (53 of 1952), the Central Government hereby makes the following rules, namely-
RULE 1 SHORT TITLE
These rules may be calledThe Notaries Rules, 1956.
RULE 2 DEFINITIONS
In these rules, unless the context otherwise requires,-
(a) "appropriate Government" means in relation to a Notary appointed by the Central Government, the Central Government and in relation to a notary appointed by the State Government, the State Government;
(b) "form" means a Form appended to these rules; (c) "the Act" means the Notaries Act, 1952 (53 of 1952). 1 (d) "Schedule" means the Schedule appended to these rules.
RULE 3 QUALIFICATIONS FOR APPOINTMENT AS A NOTARY
8—No person shall be eligible for appointment as a notary unless on the date of the application for such appointment,—
11"(a) a person had been practicing at least for ten years, or
11(aa) a person belonging to Scheduled Castes/Scheduled Tribes and other backward classes had been practising at least for seven years, or
11(ab) a woman who had been practicing at least for seven years, as a legal practitioner, or"
(b) he had been a member of the Indian Legal Service under the Central Government, or
(c) he had been at least for ten years,—
(i) a member of Judicial Service; or
(ii) held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate; or
(iii) held an office in the department of Judge Advocate General or in the legal department of the armed forces.
RULE 4 APPLICATION FOR APPOINTMENT AS A NOTARY
(1) A person may make an application for appointment as a notary (hereinafter called "the applicant") in the form of memorial addressed to such officer or authority (hereinafter referred to as the "competent authority") of the appropriate Government as that Government may, by notification in the official Gazette, designate in this behalf.
9(2) The memorial shall be drawn by a person referred to in clause (a) of Rule 3 in accordance with Form I and by a person referred to in clauses (b) and (c) of the said rule in accordance with Form II.
10(3) The memorial of a person referred to in clause (a) of Rule 3 shall be signed by the applicant and shall be countersigned by the following persons :—
(a) a Magistrate;
(b) a Manager of a nationalised bank;
(c) a merchant; and
(d) two prominent inhabitants of the local area within which the applicant intends to practise as a notary.
RULE 5 OMITTED
6[* * * * ]Omitted.
RULE 6 PRELIMINARY ACTION ON APPLICANTION
4[ (1) The competent authority shall examine every application received by him and, if he is satisfied that the applicant does not possess the qualifications specified inRule 3, or that any previous application of the applicant for appointment as a notary was rejected within six months before the date of the application, shall reject it and inform the applicant accordingly.
(2) If the competent authority does not reject the application under Subrule (1)- [**10*]
(b) he may, if he thinks fit, ascertain from any Bar Council, Bar Association,
Incorporated Law Society or other authority in the area where the applicant
proposes to practise, the objection, if any, to the appointment of the applicant as Notary, to be submitted within the time fixed for the purpose.]
RULE 7 RECOMMENDATION OF THE COMPETENT AUTHORITY
(1) The competent authority shall, after holding such inquiry as he thinks fit and after giving the applicant an opportunity of making his representations against the objections, if any, received within the time fixed under Sub-rule (2) ofRule 6, make a report to the appropriate Government recommending either that the application may be allowed for the whole or any part of the area to which the application relates or that it may be rejected.
(2) The competent authority shall also make his recommendation in the report under Sub-rule (1) regarding the persons by whom the whole or any part of the costs of the application including the cost of hearing, if any, shall be borne.
(3) In making his recommendation under Sub-rule (1), the competent authority shall have due regard to the following matters, namely :
(a) whether the applicant ordinarily resides in the area in which he proposes to practise as a Notary;
(b) whether, having regard to the commercial importance of the area in which the applicant, proposes to practise and the number of existing Notaries practising in the area, it is necessary to appoint any additional Notaries for the area;
(c) whether, having regard to his knowledge and experience of commercial law and the nature of the objections, if any, raised in respect of his appointment as a Notary, and in the case of a legal practitioner also to the extent of his practise, the applicant is fit to be appointed as a Notary;
(d) where the applicant belongs to a firm of legal practitioners, whether, having regard to the number of existing Notaries in that firm, it is proper and necessary to appoint any additional Notary from that firm; and
(e) where application from other applicant in respect of the area are pending, whether the applicant is more suitable than such other applicants.]
RULE 8 APPOINTMENT OF A NOTARY
12 [(1) On receipt of the report of the competent authority, the appropriate Government shall consider the report and shall-
(a) allow the application in respect of the whole of the area to which it relates; or
(b) allow the application in respect of any part of the area to which it relates; or
(c) reject the application; and shall also make such orders as the Government thinks fit regarding the persons by whom the whole or any part of the costs of the application including the cost of hearing, if any, shall be borne.]
13[(2) An applicant shall be informed of every order passed by the appropriate Government under Sub -rule (1).
(3) Any applicant whose application has been rejected14[or allowed in respect of only a part of the area to which it relates] or against whom an order as to costs has been made under Sub-rule (1) may, within sixty days of the date of the order apply to the appropriateGovernment for reviewing the order and that Government may, after making such further inquiry as it thinks fit pass such order as it considers necessary.]
10[(4)] Where the application is allowed, the appropriate Government shall appoint the applicant as a Notary and direct his name to be entered in the Register of Notaries maintained by that Government underSec. 4of the Act and issue to him a certificate on payment of prescribed fee authorizing him to practise in the area to which the application relates or in such part thereof as the appropriate Government may specify in the certificate, as a notary for a period of five years from the date on which the certificate is issued to him.
16 "(4-A) The appropriate Government may on and after the ninth day of May, 2001, appoint notaries in a State or Union territory, as the case may be, not exceeding the number of notaries specified in the Schedule : Provided that the number of notaries whose certificate of practice has been renewed under sub-section (2) of Section 5 of the Act shall be included in the total number of notaries appointed for the purpose of counting the total number of notaries specified in the Schedule : Provided further that if in a State or Union territory the number of notaries appointed before the ninth day of May, 2001 exceeds the number of notaries specified in the Schedule, such notaries shall continue to be so appointed in that State or Union territory, as the case may be.";
11[12[(5) The Register of Notaries shall be in Form II-A and the certificate of practise shall be in Form II-B].
RULE 8-A EXTENSION OF AREA OF PRACTISE
-A Notary Public who is already in possession of a certificate of practise in respect of a particular area, may for sufficient reasons, apply for extension of his area of practise. If the original certificate of practise has been issued by a State Government and the new area of practise applied for lies within the territory of that State the application for extension of the area of practise shall be made to that State Government. In all cases where the original certificate of practise had been issued by the Central Government, the application for extension of the area of practise shall be made to the Central Government. Applications for the extension of the area of practise where the new area lies either wholly outside the State or partly inside and partly outside the State which granted the original certificate shall be made to the Central Government for the issue of a fresh certificate. "The State Government or the Central Government, as the case may be, shall, after considering the reasons stated in the application and other factors, pass such orders thereon as it may deem fit. Any extension of the area of practise shall not have the effect of extending the period of validity of the original certificate beyond the period of five years specified inRule 8(4)].
RULE 9 FEES FOR ISSUE AND RENEWAL OF CERTIFICATE OF PRACTICE AND EXTENSION OF AREA
22— The fees for issue and renewal of certificate of practice and extension of area shall be as under,—
(a) issue of certificate of practice Rs 1000; (b) extension of area of practice Rs 750; (c) renewal of certificate of practice Rs 500;
(d) issue of a duplicate certificate of practice Rs 300;
RULE 10 FEES PAYABLE TO A NOTARY FOR DOING ANY NOTARIAL ACT
2425— (1) Every notary may charge fees not exceeding the rates mentioned below, namely :—
(a) for noting an instrument— if the amount of the instrument does not exceed Rupees 10,000 Rs 35 if it exceeds Rupees 10,000 but does not exceed Rupees 25,000 Rs 75 if it exceeds Rupees 25,000 but does not exceed Rupees 50,000 Rs 110 if it exceeds Rupees 50.000 Rs 150 (b) for protesting an instrument—if the amount of the instrument does not exceed Rupees 10.000 Rs 35 if it exceeds Rupees 10.000 but does not exceed Rupees 25.000 Rs 75 if it exceeds Rupees 25,000 but does not exceed Rupees 1.00.000 Rs 110 if it exceeds Rupees 1.00,000 Rs 150 (c) for recording a declaration of payment for Rs 75 honour (d) duplicate protests half the charge for original (e) for verifying, authenticating, certifying or attesting the execution of any instrument Rs 15 (f) for presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security Rs 35 (g) for administering oath to, or taking affidavit from any person Rs 15 (h) for preparing any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate Rs 150 (i) for attesting or authenticating any instrument to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate Rs 150 (j) for translating and verifying the translation of any document from one language to another Rs 75 (k) for noting and drawing up ship's protest, boat protest or protest relating to demurrage and other commercial matters Rs 150
(l) for certifying copies of documents as true copies Rs 5 per page minimum of the original Rs 10 (m) for any other notarial act such sum as the appropriate government may fix from time to time".
(2) The rates of fees to be charged by a notary shall be displayed by him in conspicuous place inside as well as outside his chamber or office.
(3) In addition to the above fees, a notary may charge the travelling allowance by road or by rail at the rate of rupees five per kilometre.
RULE 11 TRANSACTION OF BUSINESS BY A NOTARY
A Notary in transacting the business under the Act shall use the forms set forth in the Appendix to these rules.
2616 [(2) Besides recording declaration of payment for honour a Notary shall also register in the prescribed Form XV]
(3) Where any demand of acceptance or payment or better security has been made by a clerk, a notary shall, after examination of the entry in the Register relating to such demand, affix his signature thereto, and cause the clerk to affix his signature also to the entry.
(4) Each Notary shall, before bringing the notarial register into use, add a certificate on the title page specifying the number of pages it contains. Such certificate shall be signed and dated by the notary.
(5) Every Notary shall permit the District Judge or such officers as the appropriate Government from time to time appoints in this behalf to inspect his register at such times, not oftener than twice a year, as the District Judge or officer may fix. District Judge or Officers appointed by the State Government will have power to lodge a report to the appropriate Government for taking action against a Notary.
(6) When the original instrument is in a language other than English any noting or protest or entry in his register which has to be made in respect of the instrument by a Notary may be made either in that language or in English.
(7) In making presentment of bills or notes a notary shall observe the provisions ofChapter 5 of the Negotiable Instruments Act, 1881 (24 of1881).
(8) The Notary may-
(1) draw, attest or certify documents undef his official seal including conveyance of properties;
(2) note and certify the general transactions relating to negotiable instruments; (3) prepare a will or other testamentary documents; and (4) prepare and take affidavits for various purposes for his notarial acts.
(9) Every Notary shall grant a receipt for the fees and charges realised by him and maintain a register showing all the fees and charges realised.
RULE 12 SEAL OF NOTARY
19—Every notary shall use a plain circular seal of a diameter of 5 cm as indicated by a drawing given below, bearing his name, the name of the areas within which he has been appointed to exercise his functions, the registration number and the circumscription "NOTARY", and the name of the Government which appointed him.
RULE 13 INQUIRY INTO THE ALLEGATIONS OF PROFESSIONAL OR OTHER MISCONDUCT OF A NOTARY
-28 [(1) An inquiry into the misconduct of a Notary may be initiated either suo) motu by the appropriate Government or on a complaint received in Form XIII].
(2) Every such complaint shall contain the following particulars, namely:
(a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary;
(b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.
(3) Appropriate Government, shall return a complaint which is not in the proper form or which does not contain the aforesaid particulars to the complainant for representation after compliance with such objections and within such times as the appropriate Government may specify: Provided that if the subject-matter in a complaint is, in the opinion of the said Government substantially the same as or covered by, any previous complaint and if there is no additional ground, the said Government shall file the said complaint without any further action and inform the complainant accordingly.
(4) Within sixty days ordinarily of the receipt of complaint, the appropriate Government shall send a copy thereof the Notary at his address as entered in the register of Notaries.
30[(4-A) Where an inquiry is initiated, suo motu by the appropriate Government, the appropriate Government shall send to the Notary a statement specifying the charge or charges against him, together with particulars of the oral of documentary evidence relied upon in support of such charge or charges.]
(5)30[A Notary against whom an inquiry has been initiated may, within fourteen days of the service on him of a copy of the complaint under Subrule (4) or of the statement of the charges under Sub-rule (4-A), as the case may be,] or within such time as may be extended by the appropriate Government, forward to that Government a written statement in his defence verified in the same manner as a pleading in a civil court.
(6) If on a persual of31[the written statement], if any, of the Notary concerned and other relevant documents and papers, the aproppriate Government consider that there is a prima facie case against such Notary, the appropriate Government shall cause an inquiry to be made in the matter by the competent authority. If the appropriate Government is of the opinion that there is no prima facie case against the notary
concerned,31[the complaint or charge shall be filed] and the complainant and the Notary concerned shall be informed accordingly.
33(7) Every notice issued to a notary under this rule shall be sent to him by registered post. If any such notice is returned unserved with an endorsement indicating that the addressee has refused to accept the notice or the notice is not returned unserved within a period of thirty days from the date of its despatch, the notice shall be deemed to have been duly served upon the notary.
(8) It shall be the duty of the appropriate Government to place before the competent authority all facts brought to its. knowledge which are relevant for the purpose of an inquiry by the competent authority,
(9)32[A Notary who is proceeded against] shall have right to defend himself before the competent authority either in person or through a legal practitioner or any other Notary.
(10) Except as otherwise provided in these rules, the competent authority shall have the power to regulate his procedure relating to the inquiry in such manner as he considers necessary and during the course of inquiry, may examine witnesses and receive any other oral or documentary evidence.
(11) The competent authority shall submit his report to the Government entrusting him with the inquiry.
(12)(a) The appropriate Government shall consider the report of the competent
authority, and if in its opinion a further inquiry is necessary may cause such
further inquiry to be made and a further report submitted by the competent authority.
(b) If after considering the report of the competent authority, the appropriate
Government is of the opinion that action should be taken against the Notary the appropriate Government may make an order-
(i) cancelling the certificate of practise and perpetually debarring the Notary from practise; or
(ii) suspending him from practise for a specified period; or
(iii) letting him off with a warning, according to the nature and gravity of the misconduct of the Notary proved.
(13) Notification of removal-The removal of the name of any Notary from the register of Notaries from practise, as the case may be, shall be notified in Official Gazette and shall also be communicated in writing to the notary concerned.
RULE 14 SUBMISSION OF RETURNS
-Every Notary shall, in the first week of January every year, submit to the appropriate Government, an annual return in Form XIV of the notarial acts done by him during the preceding year.]
RULE 15 15
Each notary shall have an office within the area mentioned in the certificate issued to him underrule 8and he shall exhibit it in a conspicuous place there at a board showing his name and his designation as a Notary.
RULE 16 16
If a Notary has to deal with a case which does not in terms attract any of the forms prescribed, the Notary should adopt the form nearest to his case with such modifications thereto as he thinks the exceptional peculiarities of the case to justify.
RULE 17 17
Annual publication of the list of Notaries.-The list of Notaries to be published by the Central Government and every State Government under Sec. 6 of the Act, shall be in the following form : ________________________________________________________________________ SI. No. Name of Residential Qualifications Area in Remarks. Notary and profe- which he ssional address is authorized to practice ________________________________________________________________________ ________________________________________________________________________
