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NOTARIES ACT

Ministry of Law and Justice

Act nº 53 of 1952


  • Act nº 53 of 1952

Preamble

THE NOTARIES ACT, 1952

[Act, No. 53 of 1952]

[9th August, 1952]

PREAMBLE

An Act to regulate the profession of notaries.

BE it enacted by Parliament as follows:--

Section 1. Short title, extent and commencement

(1) This Act may be called The Notaries Act, 1952.

(2) It extends to the whole of India1[****]

(3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.

1. Words "except the State of Jammu and Kashmir" omitted by Act 25 of 1968, Section 2 and Schedule (15-8-1968).

2. The Act came into force on 14-2-1956


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) 1 [***]

(b) "instrument" includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded;

2 [(c) "legal practitioner" means an advocate entered in any roll under the provisions of the Advocates Act, 1961.]

(d) "notary" means a person appointed as such under this Act:

Provided that for a period of two years from the commencement3 of this Act it shall include also a person who, before such commencement, was appointed a notary public 4 [under] the Negotiable Instruments Act, 1881, 5 [***] and is, immediately before such commencement, in practice in 6 [any part of India:

Provided further that in relation to the State of Jammu and Kashmir the said period of two years shall be computed from the 7 [date on which this Act comes into force in that State.]

(e) "prescribed" means prescribed by rules made under this Act;

(f) "Register" means a Register of Notaries maintained by the Government under Section 4'

(g) 8 ["State Government", in relation to a Union Territory, means the administrator thereof.]

1. Omitted by Act 25 of 1968, Section 2 and Schedule (15-8-1968).

2. Substituted by the Notaries (Amdt) Act, 1999 w.e.f. 17-12-1999. Prior to Substitution its read as under:--

legal pracitioner" means any advocate or agent of the Supreme Court of 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;

3. That is 14-2-1956.

4. Substituted for 'either under' by Act 25 of 1968 (15-8-1968).

5. Words 'or by Master of Faculties in England' omitted, by Act 25 of 1968 (15-8-1968).

6. Substituted for 'any part of India', by Act 25 of 1968 (15-8-1968).

7. that is, 15-8-1968.

8. Substituted for the original Clause (g) by 3 A.L.O., 1956 (1-11-1956).


Section 3. Power to appoint notaries

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.

Section 4. Registers

(1) The Central Government and every State Government shall maintain, in such form as may be prescribed, a Register of the notaries appointed by that Government and entitled to practice as such under this Act.

(2) Every such Register shall include the following particulars about the notary whose name is entered therein, namely:--

(a) his full name, date of birth, residential and professional address;

(b) the date on which his name is entered in the Register;

(c) his qualifications; and

(d) any other particulars which may be prescribed.

Section 5. Entry of names in the Register and issue or renewal of certificates of practice

(1) Every notary who in ends to practise as such1[may] on payment to the Government appointing him of the prescribed fee, if any, be entitled--

(a) to have his name entered in the Register maintained by that Government under Section 4, and

(b) to a certificate authorizing him to practice for a period of2[five years] from the date on which the certificate is issued to him.

3["(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, renew the certificates of practice of any notary for a period of five years at a time.".]

1. Substituted for shall by the Notaries (Amdt) Act, 1999 w.e.f. 17-12-1999.

2. Substituted for "three years" by the Notaries (Amdt) Act, 1999 w.e.f. 17-12-1999.

3. Substituted by the Notaries (Amdt) Act, 1999 w.e.f. 17-12-1999. Prior to Substitution it read as under

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.


Section 6. Annual publication of lists of notaries

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.

Section 7. Seal of notaries

Every notary shall have and use, as occasion may arise, a seal of such form and design as may be prescribed.

Section 8. Functions of notaries

(1) A notary may do all or any of the following acts by virtue of his office, namely:--

(a) verify, authenticate, certify or attest the execution of any instrument;

(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;

(c) note or protest1the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881, or serve notice of such note or protest;

(d) note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;

(e) administer oath to, or take affidavit from, any person;

(f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents;

(g) 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 intended to operate;

(h) translate, and verify the translation of, any document from one language into another;

2["(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority;

(hb) act as an arbitrator, mediator or conciliator, if so required;".]

(i) any other act which may be prescribed.

(2) No act specified in Sub-section (2) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal.

1. For the meaning of 'protest', see Negotiable Instruments Act, 1881 (26 of 1881), Section 100.

2. Inserted by the Notaries (Amdt) Act, 1999 w.e.f. 17-12-1999.


Section 9. Bar of practice without certificate

(1) Subject to the provisions of this section, no person shall practice as a notary or do any notarial act under the official seal of a notary unless he holds a certificate of practice in force issued to him under Section 5:

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.

(2) Nothing contained in Sub-section (1) shall, until the expiry of two years from the commencement1of this Act, apply to any such person as is referred to in the proviso to Clause (d) of Section 2.

2[Provided that in relation to Jammu and Kashmir the said period of two years shall be computed from the3date on which this Act comes into force in that State.]

1. That is, 14-2-1956.

2. Inserted by Act 25 of 1968, Section 2 and Schedule (15-8-1968).

3.That is, 15-8-1968


Section 10. Removal of names from Register

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 his unfit to practise as a notary;1[or]

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

(f) does not get his certificate or practice renewed.".]

1. That is 14-2-1956.

2. Inserted by the Notaries (Amdt) Act, 1999 w.e.f. 17-12-1999.


Section 11. Construction of references to notaries public in other laws

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.

Section 12. Penalty for falsely representing to be a notary, etc.

Any person who--

(a) falsely represents that he is a notary without being appointed as such, or

(b) practises as a notary or does any notarial act in contravention of Section 9, shall be punishable with imprisonment for a term which may extend to1ne year] or with fine, or with both.

1. Substituted for "three months" by the Notaries (Amdt) Act, 1999 w.e.f. 17-12-1999.


Section 13. Cognizance of offence

(1) No Court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorised by the Central Government or a State Government by general or special order in this behalf.'

(2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try an offence punishable under this Act.

Section 14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries

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 Gazette, 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.