NOTARIES RULES, 1956

 

🏛 NOTARIES RULES, 1956

Made under Section 14 of the Notaries Act, 1952.

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1. Short title and commencement

These rules are called the Notaries Rules, 1956 and apply across India.

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2. Definitions

Defines key terms like:

• Act → Notaries Act, 1952

• Form → Forms set out in the Schedule

• Section → A section of the Act

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3. Qualifications for appointment as a notary

A person applying must:

• Be a legal practitioner (advocate/attorney/pleader) with at least 10 years’ practice (7 years for SC/ST/women)
  OR

• Have served for at least 10 years in a government post where legal knowledge is essential
  OR

• Be a member of the Indian Legal Service under the Central Government

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4. Application for appointment

• Apply in Form I (with prescribed fee)

• Submit to the Secretary to the Government of India (for central appointments) or State Government authority (for state appointments)

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5. Inquiry into application

The government will examine:

• Character, conduct, and antecedents of the applicant

• If needed, the government may hold an inquiry before appointment

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6. Publication of applicant’s name

The government may publish the applicant’s name in the Official Gazette for public objections.

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7. Appointment and certificate

Once approved:

• The applicant’s name is entered into the Register

• A certificate of practice is issued (in Form II), valid for 5 years

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8. Extension or renewal of certificate

• Apply at least 6 months before expiry using prescribed form and fee

• Renewal granted if government is satisfied

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9. Fees for appointment or renewal

• ₹1,000 (central) or as prescribed by the State Government

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10. Seal of Notary

Each notary must use an official seal (round, design prescribed) and maintain a register of all acts performed.

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11. Register of notarial acts

The notary must maintain a register showing:

• Serial number

• Date

• Type of act done

• Fees charged

• Signature of person concerned

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12. Fees for notarial acts

The notary can charge only the prescribed fees:

• Attesting execution of document → ₹15 per document

• Certifying copy of document → ₹5 per page

• Preparing notarial acts, protests, declarations → ₹75–₹150
  (States may have their own fee notifications)

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13. Submission of annual returns

Notaries must submit an annual return of work done to the competent government authority.

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14. Complaints and disciplinary proceedings

• Complaints can be filed against a notary for misconduct

• The government can hold an inquiry and, if found guilty, suspend or remove the notary’s name

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15. Removal or suspension

If a notary is removed or suspended, they must surrender the seal and certificate.

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16. Publication of list of notaries

The government must publish an updated list annually in the Official Gazette.