Notaryrules 0
Notaryrules 0
In exercise of the powers conferred by section 15 of the Notaries Act, 1952(53 of 1952), the
Central Government hereby makes the following rules, namely:-
1. Short title - These rules may be called the Notaries Rules, 1956.
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).
Application for appointment as a notary.- 5[(1) A person may make an application for
4.
appointment as a notary (hereinafter called "the applicant"), through the concerned
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1. Vide S.R.O. 324, dated 14th February, 1956, published in the Gazette of India, Extra., Pt.II, Sec. 3,
p.191 dated 15th February, 1956.
2. Ins. by G.S.R. 330(E), dated 9th May, 2001 (w.e.f. 10-5-2001).
3. Subs. by G.S.R. 370(E), dated 8th July, 1997 (w.e.f. 8-7-1997).
4. Subs. by G.S.R. 17(E), dated 5th January, 2000 (w.e.f. 5-1-2000).
5. Subs. by G.S.R. 114(E) dated 24th February, 2009 (w.e.f. 1.3.2009).
District Judge or the Presiding Officer of the Court or Tribunal where he practices as an
Advocate, 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.]
1[(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.
“2A. A person applying in Form II for appointment as a notary may submit the memorial direct
to the Competent Authority of the Appropriate Government.”
(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.]
2[***]
3[6. Preliminary action on application.- 4[(1) The competent authority shall examine every
application received by him and, if he is satisfied that the application is not complete in all
respects or the applicant does not possess the qualifications specified in rule 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 summarily and inform the applicant
accordingly.]
(2) If the competent authority does not reject the application under sub-rule (1),
5[***]
(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 objections, if
any, to the appointment of the applicant as notary, to be submitted within the time fixed for the
purpose.]
7. Recommendation of the competent authority.- 6[(1) The competent authority shall, after
holding such inquiry as he thinks fit and after giving the applicant an
1 [7A. Constitution of the Interview Board.- (1) If the appropriate Government allows that the
applicant may be asked to appear before the Interview Board, the competent authority shall inform the
applicant to appear before the Interview Board, on the date, time and place fixed, to judge the
competency of the applicant for being appointed as a Notary. The Interview Board shall submit its
recommendations to the appropriate Government.
2(2) For the said purpose, one or more Interview Boards shall be constituted by the appropriate
Government from amongst its officers dealing with legal matters and the Chairperson of every
Interview Board shall be an officer not below the rank of Joint Secretary or Law Officer of that
Government.”
1[7B. Transitional provision.- (1) All the memorials received by the Competent Authority
till 28th February, 2009 and which are pending shall be processed/examined in accordance with the
provisions of the rules as amended by the Notaries (Amendment) Rules, 2009.;
The fresh memorials shall only be submitted on or after 1st July, 2009.]
(2)
Any applicant whose application has been rejected 4[or allowed in respect of only a part of
(3)
the area to which it relates] or against whom an order as to cost has been made under sub-rule(1)
may, within sixty days of the date of the order apply to the appropriate Government for
reviewing the order and that Government may, after making such further inquiry as it thinks fit
pass such order as it considers necessary.]
5[(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 under section 4 of the Act and issue to him a certificate on payment of prescribed
fees 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 6[five years] from
the date on which the certificate is issued to him.
7[(4A) 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:
Form IIB.]
3 [8A. Extension of area of practice.- A notary public who is already in possession of a certificate of
practice in respect of a particular area, may for sufficient reasons, apply for extension of his area of
practice. If the original certificate of practice had been issued by a State Government and the new area
of practice applied for lies within the territory of that State, the application for extension of the area
of practice shall be made to that State Government. In all cases where the original certificate of
practice had been issued by the Central Government, the application for extension of the area of practice
shall be made to the Central Government. Applications for the extension of the area of practice 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 practice shall not have the effect of extending the period of
validity of the original certificate beyond the period of 4[five years] specified in rule 8(4)].
[8B. Renewal of Certificate of Practice.- The certificate of practice issued under sub-rule (4) of rule 8
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may be renewed for a further period of five years on payment of prescribed fee. An application for
renewal of Certificate of Practice shall be submitted to the appropriate Government before six months
from the date of expiry of its period of validity :
Provided that the appropriate Government may, after considering the reasons stated in the
application, relax the condition of submission of application for renewal of certificate of practice before
the above specific period.”]
6 [9. Fees for issue and renewal of certificate of practice and extension of area.-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.2000;
(b) extension of area of practice-Rs.1500;
(c) renewal of certificate of practice-Rs.1000;
(d) issue of a duplicate certificate of practice-Rs.750.
if the amount of the instrument does not exceed rupees 10,000 Rs.50/-
if it exceeds rupees 10,000 but does not exceed rupees 25,000 Rs.100/-
if it exceeds rupees 25,000 but does not exceed rupees 50,000 Rs.150/-
if the amount of the instrument does not exceed rupees 10,000 Rs.50/-
if it exceeds rupees 10,000 but does not exceed rupees 25,000 Rs.100/-
if it exceeds rupees 25,000 but does not exceed rupees 1,00,000 Rs.150/-
(e) for verifying, authenticating, certifying or attesting the execution of any instrument Rs.35/-
(f) for presenting any promissory note, hundi or bill of exchange for acceptance or Rs.50/-
payment or demanding better security
(g) for administering oath to, or taking affidavit from any person Rs.35/-
(h) for preparing any instrument intended to take effect in any country or place Rs.200/-
outside India in such form and language as may conform to the law of the place where
such deed is intended to operate
(i) for attesting or authenticating any instrument to take effect in any country or place Rs.200/-
outside India in such form and language as may conform to the law of the place where
such deed is intended to operate
(j) for translating and verifying the translation of any document form one language to Rs.100/-
another
(k) for noting and drawing up ship's protest, boat protest or protest relating to Rs.200/-
demurrage and other commercial matters
(l) for certifying copies of document as true copies of the original Rs.10/- per page
minimum Rs. 20/-
Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
1.
Subs. by G.S.R. 630 (E), dated 21st July, 2000 (w.e.f. 21-7-2000).
2.
(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 twenty per kilometre.]
11. Transaction of business by a notary.- (1) A notary in transacting the business under the Act
shall use the Forms set forth in the Appendix to these rules.
1[(2) Besides recording declaration of payment for honour a notary shall also register
notings and protests made. Every notary shall maintain a notarial 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 officer as the appropriate
Government from time to time appoint in this behalf to inspect his register at such times, not often
than twice a year, as the District Judge or officer may fix. District Judge or officer 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 of Chapter
V of the Negotiable Instruments Act,1881 (26 of 1881).
(8) The notary may-
(1) draw, attest or certify documents under 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 charge realised by him and maintain a
register showing all the fees and charges realised.
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Subs. by S.O. 83, dated 28th December, 1965.
1.
[12.
1 Seal of notary.- Every notary shall use a plain circular seal of a diameter of 5 c.m. 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,expiry date and the circumscription
"NOTARY", and the name of the Government which appointed him.]
2[13. Inquiry into the allegations of professional or other misconduct of a notary.- 3[(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) The 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 to the notary at his address as entered in the Register of Notaries.
4 [(4A) 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 or documentary evidence relied upon in support of such
charge or charges.]
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1. Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997)
2. Subs. by S.O 774 dated 9th March, 1957
3. Subs. by G.S.R 1056, dated 30th October, 1958
4. Ins. by G.S.R. 1056, dated 30th October. 1958
(5) 1[ 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 sub-rule (4) or of the statement of the charges under
sub-rule (4A), 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 perusal of 1[ the written statement,] if any, of the notary concerned and other
relevant documents and papers, the appropriate 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, 2[the complaint or charge shall be filed] and the complainant
and the notary concerned shall be informed accordingly.
2 [(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.
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(9) 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 practice and perpetually debarring the notary from practice; or
(ii) suspending him from practice 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 practice, as the case may be, shall be notified in Official Gazette and shall also be
communicated in writing to the notary concerned.]
the appropriate Government, an annual return in Form XIV of the notarial acts done by him during the
preceding year.]
15. Each notary shall have an office within the area mentioned in the certificate issued to him
under rule 8 and he shall exhibit it in a conspicuous place thereat a board showing his name and his
designation as a notary
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.
2 [17. Annual publication of the list of notaries.-The list of notaries to be published by the Central
Government and every State Government under section 6 of the Act, shall be in the following Form:-
PHOTOGRAPH
1. Name of the applicant___ ________________
Father's/Husband’sname_______________________________
2.
3. Date of Birth _______________________________________
4. Whether SC/ST/OBC/General ______________________ 5. Address (residence)
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Pin____________________ Telephone___________Fax__________ E-mail
1.
2.
3.
4.
5.
Note.- Under rule 4(3) the memorial should be countersigned by a Magistrate, a manager of a
Nationalised Bank, a merchant and two prominent inhabitants of the area where he
intends to practise as a notary.]
*
Postal address of the Competent Authority designated by the Central Government
under Rule 4(1), Notary Rules, 1956 is as under :-
2 [FORM IIA]
Register of Notaries
[(See rule 8(5)]
Sl. No. Full Name Residential Date on which Qualifications Area in Remarks
and date and professional the name of of notary which
of birth of addresses notary is notary
notary of notary entered may
in the Register practise
Subs. by G.S.R. 172 (E), dated 12th March, 2001 (w.e.f. 12-3-2001).
1.
Subs. by S.O. 1353, dated 6th June, 1956.
2.
1 [FORM IIB
(See rule 8(5))
GOVERNMENT OF ............
(Emblem)
CERTIFICATE OF PRACTICE
Certified that.......................................................................son/daughter/wife
of....................... ........................resident of ...............has been appointed as a notary under the Notaries
Act 1952 (53 of 1952) and is authorised to practice as such in and throughout......................for a
period of five years............ Given under my hand and seal of the Government
of ......................this...............day of.............
Signature of Notary
Notary's charges.
FORM IIIA
Form of Noting for Dishonour
(See section 8)
(To be entered in the Notarial Register)
(Copy of the bill and endorsements)
On the ...............day of..............20..... the above bill was, at the request of.................(here
give the name), presented by me for acceptance to...............(here give the name), the drawee
personally (at his residence or usual place of business) in......................(town or village) and, I
received, the following answer:-
........................................................………………………………………
(The said bill is, therefore, noted for non-acceptance.)
Place and date...................... Signature of Notary
(This note is to be signed in the margin by the notary's clerk also if he presented the bill).
Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
1.
2. Subs. by G.S.R. 700 (E), dated 24th September, 2009 (w.e.f. 24-9-2009).