Tuesday, May 27, 2025

Key Forms and Procedures under Notaries Rules, 1956

 

Key Forms and Procedures under Notaries Rules, 1956


1. Application for Appointment as Notary

  • Purpose: To request official appointment as a notary.

  • Form Contents:

    • Personal details (Name, age, address)

    • Legal qualifications and proof of practice (usually minimum 7 years as advocate)

    • Declaration of no criminal record or misconduct

    • Undertaking to perform duties honestly

  • Procedure: Submit to the State or Central Government (depending on jurisdiction).

  • Outcome: If approved, government issues Certificate of Appointment specifying territorial jurisdiction.


2. Certificate of Appointment

  • Purpose: Official authorization enabling an advocate to act as a notary.

  • Details Included:

    • Notary’s name

    • Date of appointment

    • Territorial jurisdiction

  • Issuing Authority: State or Central Government.

  • Legal Effect: Allows notary to perform acts under the Notaries Act within specified area.


3. Notarial Seal

  • Purpose: Authenticate all notarial acts.

  • Details: Name of notary and title, circular or oval shape as per government specifications.

  • Procedure: Must be procured or approved by government.

  • Use: Affixed on every notarized document to prove official validation.


4. Register of Notarial Acts

  • Purpose: Maintain a record of all acts performed by the notary.

  • Details to Record:

    • Date of the act

    • Nature of act (e.g., affidavit, attestation, oath)

    • Description of the document or transaction

    • Names and addresses of parties involved

  • Maintenance: Register must be bound, securely kept, and open for government inspection.

  • Legal Importance: Used as official evidence if the authenticity of a notarized document is challenged.


5. Fee Structure and Collection

  • Purpose: Standardize fees for notarial services.

  • Procedure:

    • Notaries must charge fees strictly as prescribed by government notification.

    • No additional or arbitrary fees permitted.

  • Common Fee Examples: Fees for affidavits, attestations, administering oaths, protests, certifying copies.

  • Accountability: Fees collected must be properly accounted for, maintaining transparency.


6. Suspension or Removal Process

  • Purpose: To discipline notaries guilty of misconduct or unfitness.

  • Procedure:

    • Complaint or report triggers an inquiry by the government.

    • Notary is given a chance to respond.

    • After inquiry, government may suspend or remove the notary from the register.

  • Legal Basis: Section 8 of the Notaries Act and Rules 9 & 10.

  • Result: Suspension/removal officially notified and notary’s powers cease.


7. Renewal of Appointment (if applicable)

  • Purpose: Ensure continued compliance with standards.

  • Procedure: Submit application or declaration for renewal before expiry of current appointment.

  • Outcome: Renewal certificate issued if criteria met.

  • Note: Renewal requirements vary by state or government instructions.


Summary Table of Key Forms/Procedures

Form/ProcedurePurposeKey DetailsAuthority Involved
Application for AppointmentRequest official notary statusPersonal/legal details, qualificationsState/Central Government
Certificate of AppointmentAuthorize to act as notaryName, date, jurisdictionState/Central Government
Notarial SealAuthenticate notarial actsName/title seal approved by governmentState/Central Government
Register of Notarial ActsRecord all notarial actsDate, act nature, parties, documentsNotary (subject to inspection)
Fee CollectionStandardize feesGovernment-fixed fees, no extrasNotary / Government
Suspension/RemovalDiscipline misconductInquiry, hearing, official notificationGovernment
Renewal of AppointmentMaintain eligibilityApplication for renewalGovernment

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