Important Sections of the Notaries Act, 1952

 

🌟 Important Sections of the Notaries Act, 1952

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🔹 Section 3 — Power to Appoint Notaries

✅ This section gives the Central Government and State Governments the authority to appoint notaries for the whole or part of the territory.
✅ It also allows the government to make rules regarding qualifications and conditions for such appointments.

👉 Why important?
It defines who can become a notary and who controls their appointments.

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🔹 Section 4 — Functions of Notaries

✅ Lists the official acts that a notary is authorized to perform, such as:

• Verifying, authenticating, and attesting documents

• Administering oaths or affirmations

• Recording protests and noting of negotiable instruments

• Preparing legal instruments like powers of attorney

👉 Why important?
This section legally defines the scope of work a notary can undertake.

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🔹 Section 5 — Seal of Notary

✅ Requires every notary to use an official seal on all notarized acts.
✅ The design of the seal is specified by the rules.

👉 Why important?
The seal provides authenticity and legal recognition to notarized documents.

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🔹 Section 8 — Removal of Name from Register

✅ Allows the government to remove a notary’s name if:

• They are convicted of an offense involving moral turpitude.

• They are guilty of professional misconduct.

• They cease to practice or are no longer qualified.

👉 Why important?
It ensures discipline and accountability among notaries.

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🔹 Section 9 — Penalty for Falsely Acting as Notary

✅ Imposes penalties on any person who:

• Pretends to be a notary without authorization.

• Uses the notary title or seal unlawfully.

👉 Why important?
Protects the public and legal system from fraud and unauthorized actions.

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🔹 Section 14 — Power to Make Rules

✅ Gives the Central Government (and by extension, State Governments) the authority to make rules for:

• The qualifications, conditions, and procedures for appointment.

• The duties, functions, and conduct of notaries.

• Fees and other procedural matters.

👉 Why important?
Provides the regulatory framework under which the entire notary system functions.

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✏ Quick Recap — Most Exam/Practice Relevant Sections

✅ Section 3 → Appointment
✅ Section 4 → Functions
✅ Section 5 → Seal
✅ Section 8 → Removal
✅ Section 9 → Penalties
✅ Section 14 → Rulemaking