Notary Rules
Notary Rules
Notary Rules
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[6.
3 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),
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(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.;
(2) The fresh memorials shall only be submitted on or after 1st July, 2009.]
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:
5[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 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.
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.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 it exceeds rupees 50,000 Rs.200/-
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 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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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.
(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 [(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
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by the Central Government and every State Government under section 6 of the Act, shall be
in the following Form:-
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.]
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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)]
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.............
FORM III
Form of Noting for Dishonour
(See section 8)
(To be made upon the instrument or upon a paper attached thereto, or partly upon each).
Reference to page in Notarial Register...............
Date 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 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).
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).