Key Forms and Procedures under Notaries Rules, 1956
1. Application for Appointment as Notary
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Purpose: To request official appointment as a notary.
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Form Contents:
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Personal details (Name, age, address)
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Legal qualifications and proof of practice (usually minimum 7 years as advocate)
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Declaration of no criminal record or misconduct
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Undertaking to perform duties honestly
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Procedure: Submit to the State or Central Government (depending on jurisdiction).
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Outcome: If approved, government issues Certificate of Appointment specifying territorial jurisdiction.
2. Certificate of Appointment
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Purpose: Official authorization enabling an advocate to act as a notary.
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Details Included:
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Notary’s name
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Date of appointment
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Territorial jurisdiction
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Issuing Authority: State or Central Government.
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Legal Effect: Allows notary to perform acts under the Notaries Act within specified area.
3. Notarial Seal
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Purpose: Authenticate all notarial acts.
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Details: Name of notary and title, circular or oval shape as per government specifications.
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Procedure: Must be procured or approved by government.
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Use: Affixed on every notarized document to prove official validation.
4. Register of Notarial Acts
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Purpose: Maintain a record of all acts performed by the notary.
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Details to Record:
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Date of the act
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Nature of act (e.g., affidavit, attestation, oath)
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Description of the document or transaction
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Names and addresses of parties involved
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Maintenance: Register must be bound, securely kept, and open for government inspection.
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Legal Importance: Used as official evidence if the authenticity of a notarized document is challenged.
5. Fee Structure and Collection
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Purpose: Standardize fees for notarial services.
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Procedure:
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Notaries must charge fees strictly as prescribed by government notification.
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No additional or arbitrary fees permitted.
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Common Fee Examples: Fees for affidavits, attestations, administering oaths, protests, certifying copies.
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Accountability: Fees collected must be properly accounted for, maintaining transparency.
6. Suspension or Removal Process
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Purpose: To discipline notaries guilty of misconduct or unfitness.
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Procedure:
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Complaint or report triggers an inquiry by the government.
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Notary is given a chance to respond.
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After inquiry, government may suspend or remove the notary from the register.
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Legal Basis: Section 8 of the Notaries Act and Rules 9 & 10.
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Result: Suspension/removal officially notified and notary’s powers cease.
7. Renewal of Appointment (if applicable)
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Purpose: Ensure continued compliance with standards.
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Procedure: Submit application or declaration for renewal before expiry of current appointment.
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Outcome: Renewal certificate issued if criteria met.
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Note: Renewal requirements vary by state or government instructions.
Summary Table of Key Forms/Procedures
Form/Procedure | Purpose | Key Details | Authority Involved |
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Application for Appointment | Request official notary status | Personal/legal details, qualifications | State/Central Government |
Certificate of Appointment | Authorize to act as notary | Name, date, jurisdiction | State/Central Government |
Notarial Seal | Authenticate notarial acts | Name/title seal approved by government | State/Central Government |
Register of Notarial Acts | Record all notarial acts | Date, act nature, parties, documents | Notary (subject to inspection) |
Fee Collection | Standardize fees | Government-fixed fees, no extras | Notary / Government |
Suspension/Removal | Discipline misconduct | Inquiry, hearing, official notification | Government |
Renewal of Appointment | Maintain eligibility | Application for renewal | Government |
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