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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, and referred to a Select Committee on the 18th August. The report of the Select Committee was presented on the 4th October.
II,section 2, page 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 words on such conditions, if any, as it thinks fit' [which occurred in the Bill after the word 'may' ] have been omitted accordingly. IV-A, p. 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. 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.
Every notary shall have and use, as occasion may arise, a seal of such form and design as may be prescribed. 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.
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. 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. 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.
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.
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 ]. A Notary in transacting the business under the Act shall use the forms set forth in the Appendix to these rules.
Such certificate shall be signed and dated by the notary. 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. If the appropriate Government is of the opinion that there is no prima facie case against the notary. 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.
Government is of the opinion that action should be taken against the Notary the appropriate Government may make an order-. 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.
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. Annual publication of the list of Notaries. Name of Residential Qualifications Area in Remarks. Search here. Toggle navigation. List Judgments citing this Act. Words "except the State of Jammu and Kashmir" omitted by Act 25 of , section 2 and Schedule The Act came into force on , see S.
II, section3, p. 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 , Dt. December 20, Published in Received the assent of the President on the 17th December, and was published in the Gazette of India, Extra.
For the qualifications for appointment as a notary, see Rule 3 of the Notaries Rules, For the meaning of 'protest', see Negotiable Instruments Act, 26 of , section Substituted for "shall", vide 36 Of , Dt.
Substituted for "three years ", vide 36 Of , Dt. 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.
Inserted vide 36 Of , Dt. For such notification regarding : 1 Belgium, see G. II, section 3 i , p. Substituted for "three months", vide 36 Of , Dt. For the Notaries Rules.
II, section 3, p. For the extension and enforcement of these rules in Sikkim on See S. II, section 3 ii , Ext. Central Government. An Act to regulate the profession of notaries. Omitted by Act 25 of , section 2 and Schedule That is, Substituted for -either under' by Act 25 of Words 'or by Master of Faculties in England' omitted, Act 25 of Substituted for 'any part of India', Act 25 of Substituted for the original clause g by 3 A.
Inserted by Act 25 of , section 2 and Schedule 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.
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.
THE NOTARIES ACT, 1952