NOTARY PUBLIC

[Mr. M. GOVINDARAJAN]

Appointment of Notaries

Section 3 of the Act gives powers to the Central Government and the respective State Government to appoint Notaries.  This section provides that the Central Government, for the whole or any part of India, and any State Government, for the whole or any part of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed.

Qualifications

Rule 3 prescribes the qualifications for the appointment of Notaries on the date of application,  which are detailed as below-

• a person has been practicing at least for 10 years; or
• a person belonging to SC/ST having at least 7 years practice; or
• a woman who had been practicingat least for 7 years as a legal practitioner; or
• he had been a member of Indian Legal Serviceunder the Central Government; or
• he had been at least for 10 years-

• a member of Judicial service; or
• held an office under the Central Government or State Government requiring special knowledge of law after the enrolment as an Advocate; or
• held an office in the Department of Judge Advocate General or in the legal department of armed forces

Functions of Notaries

Section 8 of the Act provides the functions of Notaries as described below-

• verify, authenticate, certify or attest the execution of any instrument;
• present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
• note or protest the dishonor by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honor under the Negotiable Instruments Act, 1881, or serve notice of such note or protest;
• note and draw up ship’s protest, boat’s protest or protest relating to demurrage and other commercial matters;
• administer oath to, or take affidavit from, any person;
• prepare bottomry and respondentia bonds, charter parties and other mercantile documents;
• 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 entitled to operate;
• translate, and verify the translation of, any document, from one language into another;
• act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority;
• act as an arbitrator, mediator or conciliator, if so required;
• any other act which may be prescribed.

Procedure for appointment of Notary

• A person may apply for appointment as a Notary through the concerned District Judge or the Presiding Officer of the Court of Tribunal where he practices as an Advocate in the Form of Memorial addressed to such officer or authorities;
• The fee payable is ₹ 2000/-;
• The competent authority shall examine every application received by him;
• If he is satisfied that-

• the application is not complete in all aspects; or
• the applicant does not have the required qualification; or
• any previous application of the applicant was rejected within six months before the date of application

the competent authority shall reject the application;

• If the competent authority does not reject the application, 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 practice, the objections, if any, to the appointment of the applicant as Notary, to be submitted within such time fixed for the purpose;
• The competent authority shall hold enquiries as he thinks fit and after giving the applicant an opportunity of making representations against the objections, if any, make a report to the appropriate Government recommending the applicant to be allowed to be appeared before the Interview Board;
• If the appropriate Government allows that the applicant may be asked to appear before the Interview Board, the competent authority shall inform the applicant about the interview, its date, venue to the applicant;
• The interview Board shall, after interviewing the applicant, submit its recommendations to the appropriate Government;
• On receipt of the recommendations from the Interview Board, the appropriate Government shall consideration the recommendations and shall-

• allow the application in respect of the whole area in which he relates;
• allow the application in respect of any part of the area to which it relates; or
• reject the application.

• Every order passed by the appropriate Government shall be informed to the applicant.
• 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 and issue a certificate on payment of prescribed fees, to authorize him in the area to which the application relates for a period of 5 years from the date on which the certificate is issued to him.
• The appropriate Government shall not appoint the notaries not exceeding the number stipulated in the schedule.

Extension of area of practice

A Notary public who is already in possession of a certificate for a particular area may apply for extension of his area.  For this he is to file the application along with the fee of ₹ 1500/- to the appropriate Government.  The appropriate Government shall consider his application pass orders as it deem fit.  The extension of area will not amount to the extension of validity period of the certificate.

Renewal of certificate

The certificate of practice may be renewed for a further period of five years in the prescribed application along with the payment of fee of ₹ 1000/-.  The application for renewal shall be filed before six months from the date of expiry of its validity.   If the application is filed belatedly the appropriate Government may condone the delay if it is satisfied that the applicant is prevented from filing the application in due time.          

Removal

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 a notary; or

(e) is convicted by any court for an offence involving moral turpitude; or

(f) does not get his certificate of practice renewed.

Seal

Every Notary shall use a plain circular seal of diameter of 5 cms, bearing his name, the name of the area in which he has been appointed to exercise his functions, his registration number and the circumscription NOTARY and the name of the Government appointed him as Notary.

Fees payable to a Notary

Rule 10 provides that every Notary shall not levy fees not exceeding the rates mentioned below-

• For noting an instrument-

• If the amount does not exceed ₹ 10,000/- = ₹ 50/-
• If the amount exceeds ₹ 10,000/- but does not exceed ₹ 25,000/- =Rs.100/-
• If the amount exceeds ₹ 25000/- but does not exceed ₹ 50000/- = ₹ 150/-
• If the amount exceeds ₹ 50000/- =Rs.200/-

• For protesting an instrument-

• If the amount does not exceed ₹ 10,000/- = ₹ 50/-
• If the amount exceeds ₹ 10,000/- but does not exceed ₹ 25,000/- =Rs.100/-
• If the amount exceeds ₹ 25000/- but does not exceed ₹ 1lakh = ₹ 150/-
• If the amount exceeds ₹ 1 lakh =Rs.200/-

• For recoding declaration of payment for honor = ₹ 100/-;
• Duplicate protests = half the charge of the original;
• For verifying, authenticating, certifying or attesting the execution of any instrument=Rs.35/-
• For presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security = ₹ 50/-;
• For administering oath to, or taking affidavitfrom any person = ₹ 35/-;
• 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 = ₹ 200/-;
• 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 = ₹ 200/-;
• For translating and verifying the translation of any document from one language to another = ₹ 100/-;
• For noting and drawing up ship’s protest, boat protest or protest relating to demurrage and other commercial matters=Rs.200/-;
• For certifying copies of documents as true copies of original – ₹ 10/- per page subject to a minimum of ₹ 20/-;
• For any other notarial act = such sum as the appropriate Government may fix from time to time.

The rate of fees shall be displayed by the Notary in conspicuous place inside as well as outside of Chamber or office.  The Notary may charge travelling allowance @ ₹ 20/- per km.

Register

Every Notary shall maintain a Notarial Register in Form No. XV. Each activity is to be noted in the register along with the signature of the Notary.  The register is subject to the inspection of District Judge or such authorized officer by the appropriate Government not often than twice a year.

Professional misconduct

• An inquiry for the misconduct of a Notary may be initiated by the appropriate Government suo-motu or on the basis of a complaint received in Form XIII;
• The appropriate Government shall notice to the concerned Notary within 60 days from the date of receipt of the complaint;
• The concerned Notary shall file a written statement to the appropriate Government within 14 days from the date of receipt of the notice;
• On receipt of the written notice, the appropriate Government considers that there is prima facie case the appropriate Government shall cause an inquiry to be made by the competent authority;
• On the inquiry conducted by the competent authority, after giving the Notary a reasonable opportunity of being heard, the competent authority shall submit a report to the appropriate Government;
• If the charges leveled against the Notary are proved then the appropriate Government may cancel the certificate of registration or suspend the practice for a specified period or a warning.

Return

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 previous year.

Forms

The following are the forms prescribed in the Rules-

• Form I – Memorial;
• Form II – application;
• Form IIA – Register of Notaries to be maintained by the appropriate Government;
• Form II B – Certificate of practice;
• Form III – Form for noting for dishonor;
• Form III A – Form for noting of dishonor in the Notarial Register;
• Form IV – Form for protest bill of exchange for non acceptance;
• Form IVA – Form for acts of Honor;
• Form V – Form for protest of Bill of exchange for non acceptance when the drawee cannot be found;
• Form VI – Form for protest of promissory note or Bill of exchange for nonpayment;
• Form VII – Form for protest of promissory note of Bill of exchange for nonpayment when the maker, drawee or the acceptor (as the case may be) cannot be found;
• Form VIII – Form for protest of Bill of Exchange for better security;
• Form IX – Form for protest of Bill of Exchange for better security when the acceptor cannot be found;
• Form X – Form of notice of protest to drawer to be given by a Notary;
• Form XI – Form of notice of protest to endorser to be given by a Notary;
• Form XII – Form of Notarial act of declaration having been made by a payer for honor;
• Form XIII – Form of complaint;
• Form XIV – Form of return to be submitted by Notary;
• Form XV – Notarial Register.