Tuesday, May 27, 2025

Notaries Rules, 1956 — Detailed Summary & Section-wise Analysis

 

Notaries Rules, 1956 — Detailed Summary & Section-wise Analysis


Rule 1: Short title and commencement

  • Specifies that these rules may be called the Notaries Rules, 1956.

  • They come into force on the date of their publication in the official Gazette.


Rule 2: Definitions

  • Defines key terms used in the rules, such as “Act” (Notaries Act, 1952), “Government,” “Notary,” and “Registrar.”

  • Ensures clarity and uniform understanding for interpretation.


Rule 3: Application for appointment as notary

  • Advocates eligible for appointment must submit a formal application to the government authority.

  • The application should include credentials and proof of legal practice.

  • This rule sets the initial step for selecting notaries.


Rule 4: Grant of certificate of appointment

  • Upon approval, the government issues a certificate of appointment specifying the territorial jurisdiction.

  • The certificate authorizes the advocate to act as a notary within the specified area.


Rule 5: Notarial seal

  • The government provides or approves an official seal for the notary.

  • Seal must contain the notary’s name and title, and be affixed on all notarized documents.

  • The seal authenticates the notary’s acts.


Rule 6: Register of Notarial Acts

  • Each notary must maintain a bound register or book recording:

    • Date of the act

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

    • Details of the document or transaction

    • Name and address of parties involved

  • This register is subject to inspection by government authorities.


Rule 7: Fees for Notarial Acts

  • The government fixes fees for various notarial services.

  • Notaries must charge exactly as prescribed, with no additional fees allowed.

  • Fees cover acts like certification, attestations, and protests.


Rule 8: Conduct and duties of notaries

  • Notaries must act impartially and in good faith.

  • They must ensure that documents are signed voluntarily and parties are properly identified.

  • Confidentiality and professional ethics must be maintained at all times.


Rule 9: Suspension and removal

  • Provides procedure for suspending or removing a notary based on misconduct, incapacity, or criminal conviction.

  • Requires an inquiry or hearing before removal.

  • Ensures due process is followed protecting notary’s rights.


Rule 10: Reports and returns

  • Notaries may be required to submit periodic returns or reports of their notarial acts to the appointing authority.

  • Helps government monitor compliance and activity.


Rule 11: Renewal of Appointment

  • If applicable, notaries must renew their appointment certificates periodically as prescribed.

  • Ensures continuous eligibility and adherence to standards.


Rule 12: Miscellaneous provisions

  • Includes powers for the government to amend fees or make additional procedural rules.

  • Specifies that these rules do not affect other laws unless expressly stated.


Summary

Rule No.TopicPurpose/Key Points
1Short Title & CommencementFormalizes the rules, specifies effective date
2DefinitionsClarifies terminology used in the Rules
3Application ProcessProcedure for advocates to apply for appointment as notary
4Certificate of AppointmentGovernment issues formal appointment with territorial limits
5Notarial SealRequirements for official seal to authenticate notarial acts
6Register of ActsMaintaining a detailed official record of all notarial acts
7FeesFixation of fees; no extra charges permitted
8Duties & ConductEthical and procedural duties of a notary
9Suspension & RemovalGrounds and process for suspending or removing a notary
10ReportingObligation to submit returns/reports to authorities
11RenewalRenewal requirements for ongoing appointments
12MiscellaneousPower to amend rules, scope, and effect

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