Notaries Rules, 1956 — Detailed Summary & Section-wise Analysis
Rule 1: Short title and commencement
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Specifies that these rules may be called the Notaries Rules, 1956.
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They come into force on the date of their publication in the official Gazette.
Rule 2: Definitions
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Defines key terms used in the rules, such as “Act” (Notaries Act, 1952), “Government,” “Notary,” and “Registrar.”
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Ensures clarity and uniform understanding for interpretation.
Rule 3: Application for appointment as notary
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Advocates eligible for appointment must submit a formal application to the government authority.
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The application should include credentials and proof of legal practice.
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This rule sets the initial step for selecting notaries.
Rule 4: Grant of certificate of appointment
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Upon approval, the government issues a certificate of appointment specifying the territorial jurisdiction.
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The certificate authorizes the advocate to act as a notary within the specified area.
Rule 5: Notarial seal
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The government provides or approves an official seal for the notary.
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Seal must contain the notary’s name and title, and be affixed on all notarized documents.
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The seal authenticates the notary’s acts.
Rule 6: Register of Notarial Acts
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Each notary must maintain a bound register or book recording:
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Date of the act
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Nature of the act (e.g., attestation, oath)
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Details of the document or transaction
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Name and address of parties involved
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This register is subject to inspection by government authorities.
Rule 7: Fees for Notarial Acts
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The government fixes fees for various notarial services.
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Notaries must charge exactly as prescribed, with no additional fees allowed.
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Fees cover acts like certification, attestations, and protests.
Rule 8: Conduct and duties of notaries
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Notaries must act impartially and in good faith.
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They must ensure that documents are signed voluntarily and parties are properly identified.
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Confidentiality and professional ethics must be maintained at all times.
Rule 9: Suspension and removal
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Provides procedure for suspending or removing a notary based on misconduct, incapacity, or criminal conviction.
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Requires an inquiry or hearing before removal.
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Ensures due process is followed protecting notary’s rights.
Rule 10: Reports and returns
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Notaries may be required to submit periodic returns or reports of their notarial acts to the appointing authority.
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Helps government monitor compliance and activity.
Rule 11: Renewal of Appointment
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If applicable, notaries must renew their appointment certificates periodically as prescribed.
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Ensures continuous eligibility and adherence to standards.
Rule 12: Miscellaneous provisions
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Includes powers for the government to amend fees or make additional procedural rules.
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Specifies that these rules do not affect other laws unless expressly stated.
Summary
Rule No. | Topic | Purpose/Key Points |
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1 | Short Title & Commencement | Formalizes the rules, specifies effective date |
2 | Definitions | Clarifies terminology used in the Rules |
3 | Application Process | Procedure for advocates to apply for appointment as notary |
4 | Certificate of Appointment | Government issues formal appointment with territorial limits |
5 | Notarial Seal | Requirements for official seal to authenticate notarial acts |
6 | Register of Acts | Maintaining a detailed official record of all notarial acts |
7 | Fees | Fixation of fees; no extra charges permitted |
8 | Duties & Conduct | Ethical and procedural duties of a notary |
9 | Suspension & Removal | Grounds and process for suspending or removing a notary |
10 | Reporting | Obligation to submit returns/reports to authorities |
11 | Renewal | Renewal requirements for ongoing appointments |
12 | Miscellaneous | Power to amend rules, scope, and effect |
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