Notary Rules
Notary Rules
Notary Rules
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).
(aa)
(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 Services under the Central Government,
or
(c)
(iii)
4.
enrolment as an advocate; or
Application for appointment as a notary.- 5[(1) A person may make an application for
appointment as a notary (hereinafter called "the applicant"), through the concerned
______________________________________________________________________
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.]
[(2)
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
[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),
[***]
(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. Subs. by G.S.R. 370(E), dated 8th July, 1997 (w.e.f. 8-7-1997).
2. Rule 5 omitted by G.S.R. 151, dated 14th March, 1958.
3. Subs. by G.S.R. 151, dated 14th March, 1958.
4. Subs. by G.S.R. 114(E), dated 24th February, 2009, for sub-rule(1) (w.e.f.
1.3.2009).
5. Clause (a) omitted by G.S.R. 370(E), dated 8th July, 1997 (w.e.f. 8-7-1997).
6. Subs. by G.S.R. 114(E), dated 24th February, 2009, for sub-rule(1) (w.e.f.
7. Ins. by G.S.R. 700(E) dated 24th September, 2009 (w.e.f. 24.9.2009).
1.3.2009).
opportunity of making his representations against the objections, if any, received within the
time
recommending that the applicant may be allowed to appear before the interview Board.]
(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 applications from other applicants in respect of the area are pending, whether
the applicant is more suitable than such other applicants.
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)
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.
[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.;
(2) The fresh memorials shall only be submitted on or after 1st July, 2009.]
1.
2.
8.
Appointment of a notary.- 1[(1) 2[On receipt of the recommendations of the Interview Board,
[(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 rejected 4[or allowed in respect of only a part of 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.]
[(4)
Where
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.
[(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 subsection (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:
1. Subs. by G.S.R. 151, dated 14th March, 1958.
2.
Subs. by G.S.R. 114(E), dated 24th February, 2009, for On receipt of the report of the
competent authority, the appropriate Government shall consider the report and shall- (w.e.f. 1-3-2009) .
3. Ins. by G.S.R. 151, dated 14th March, 1958.
4. Ins. by G.S.R.1056, dated 30th October, 1958.
5. Re-numbered by G.S.R. 151, dated 14th March, 1958.
6. Subs. by G.S.R. 262(E), dated 28th March, 2000 (w.e.f. 28.3.2000).
7. Ins. by G.S.R. 330(E), dated 9th May, 2001 (w.e.f. 10.5.2001).
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.]
[ [(5)] The Register of Notaries shall be in Form IIA and the certificate of practice shall be in
1 2
Form IIB.]
[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.
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
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 three 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.]
[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.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].
1. Ins. by S.R.O. 1353, dated 6th June, 1956
2. Re-numbered by G.S.R. 1056, dated 30th October, 1958
3. Ins. by G.S.R. 1056, dated 30th October, 1958.
4. Subs. by G.S.R. 262 (E), dated 28th March, 2000 (w.e.f. 28-3-2000).
8th November, 1958.
5. Sub. by G.S.R. 686 (E) dated 31.10.2007 (w.e.f. 31-10-2007).
6. Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
[10.
Fees payable to a notary for doing any notarial act.- 2[(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/-
Rs.75/-
Rs.110/-
Rs.150/-
(b) for protesting an instrument if the amount of the instrument does not exceed rupees 10,000
Rs.35/-
Rs.75/-
Rs.110/-
Rs.150/-
Rs.75/-
half
the
charge
of
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
Rs.35/-
Rs.15/-
(h) for preparing any instrument intended to take effect in any country or place
Rs.150/-
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.150/-
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.75/-
another
(k) for noting and drawing up ship's protest, boat protest or protest relating to
Rs.150/-
Rs.5/-
per
page
such
sum
as
the
appropriate
Government may fix
from time to time.]
1.
Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
2.
Subs. by G.S.R. 630 (E), dated 21st July, 2000 (w.e.f. 21-7-2000).
(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.]
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.
[(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.
__________________________________________
1.
[12.
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.]
[13.
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
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.
[(4A) Where an inquiry is initiated, suo motu
by
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.]
-------------------------------1.
Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997)
2.
3.
4.
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.
[(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) 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.]
1.
2.
[(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.]
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.
[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:-
Sl.No.
Name of
Residential
Qualifications
Notary
and
he is authorized
professional
to practise.
addresses
1.
2.
Area in which
Remarks
[THE SCHEDULE
(See rule 8(4A))
Maximum number
Name of State/Union
of notaries to be
territory
appointed by the
territory Administration.
---------------------------------------------
(1)
------------------------------------------------
---------------------------------------------
(2)
(3)
---------------------------------------------
---------------------------------------------
575
863
3
1.
Andhra Pradesh.
575
575
2.
Assam
925
925
3.
Bihar
938
1407
10
4.
Gujarat
563
845
5.
Kerala
1,125
1688
6.
Madhya Pradesh
725
1088
7.
Tamil Nadu
197010
1313
8.
Maharashtra
675
1013
9.
Karnataka
750
750
10.
Orissa
957
425
7
3
3
3
7
11.
Punjab
800
1200
12.
Rajasthan
1,750
2625
13.
Uttar Pradesh
450
450
14.
West Bengal
350
525
15.
200
200
16.
Nagaland
1070
6
5
475
10
17.
Haryana
300
450
18.
Himachal Pradesh
225
225
19.
Manipur
100
100
20.
Tripura
175
175
21.
Meghalaya
100
100
22.
Sikkim
200
200
23.
Mizoram
325
325
24.
Arunachal Pradesh
50
250
25.
Goa
325
325
26.
Uttaranchal
400
600
27.
Chhattisgarh
450
450
28.
Jharkhand
488
10
10
[325]
2
29.
Delhi
50
50
30.
25
25
31.
Lakshadweep
25
25
32.
50
50
33.
100
100
34.
Pondicherry
86
25]
10
35.
Chandigarh
1.
2.
3.
4.
5.
6.
Subs. by GSR 319 (E) dt. 1.5.2007 read with GSR 330 (E) dt. 8.5.2007 ( w.e.f.
7.
8.
9.
Subs. by GSR 636 (E) dt. 3.9. 2008 ( w.e.f. 3.9. 2008)
10.
1.5.2007)
[FORM I
Memorial
(See rule 4(2))
PHOTOGRAPH
1.
________________
2.
Father's/Husbandsname_______________________________
3.
5. Address (residence)
______________________________________
__________________________________________________________
Pin____________________ Telephone___________Fax__________ E-mail
Address (Office) _____________________________________________
__________________________________________________________
_______________________________ Pin ______________________
Telephone___________Fax______________E-mail_________________
6. Educational Qualifications (Please attach attested photocopies)
______________________________________________________________
7. Enrolment number & date (Please attach attested photocopies)
____________________________________________________________
8. Practising in _______________________________________________
Civil side _________________________________________________
Criminal side ______________________________________________
Taxation __________________________________________________
Revenue Courts ____________________________________________
9. Whether Income tax assessee _________________________________
10.The memorial of (name of the applicant in block letters)
showeth______________________________________________
1. that the memorialist is a person eligible for appointment as a notary under the Notaries
Act, 1952, and clause (a) of rule 3 of the Notaries Rules, 1956;
2. that the memorialist resides in____________________(here state the name of the local
area or name of court where he intends to practise) and will reside for upwards
of_________________________(state how long);
3. that the number of notaries practising in the local area is insufficient for the requirements
thereof (the grounds of the statement should be added);
4. that no previous application of the memorialist has been rejected or withdrawn by him,
within the preceding six months;
The memorialist, therefore, prays that the government be pleased to appoint and admit him as
a notary under and by virtue of the Notaries Act, 1952 (53 of 1952) and clause (a) of rule 3 of the
Notaries Rules, 1956, to practise in__________________________(here state the name of the local
area).
Dated_____________day of________20____
-----------------------1.
Profession
of signatories
Name
and
address
of
firm/organisation
the
Signature
with Seal
1.
2.
3.
4.
5.
Note.-
Government
[FORM II
__________________________________
4.Whether SC/ST/OBC/General____________________________________
5.Address(Residence)__________________________________________________________________
___________________________________________________________
Pin___________________
Telephone__________________Fax___________E-Mail__________________________
Address(office)____________________________________________________________
Pin _____________________________________________________________
Telephone ________________Fax _________________E-mail ______________________
6. Educational Qualifications__________________________________________________
7. Date of joining government service __________________________________________
8. Date of retirement________________________________________________________
9.
Register of Notaries
[(See rule 8(5)]
Sl. No.
Full Name
Residential
Date on which
and date
and professional
the
of birth of
addresses
notary is entered
notary
notary
of notary
in the Register
may
name
of
Qualifications
Area in
of notary
which
practise
1.
Subs. by G.S.R. 172 (E), dated 12th March, 2001 (w.e.f. 12-3-2001).
2.
Remarks
[FORM IIB
that.......................................................................son/daughter/wife
the
Government
of
......................this...............day of.............
[Addl. Secretary to the Government of India/
of
presentment
and
dishonour
by non-acceptance/non-payment...............
Reason, if any, assigned for dishonour (or, if the instrument has not been expressly dishonoured,
reason why holder treats it as dishonoured).
Date of note..........
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
or
village) and, I
Signature
of
(This note is to be signed in the margin by the notary's clerk also if he presented the bill).
1.
Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
2.
Subs. by G.S.R. 700 (E), dated 24th September, 2009 (w.e.f. 24-9-2009).
Notary