Notary Law in West Bengal

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1. Governing Law

• The primary law regulating notaries in West Bengal is the Notaries Act, 1952 (Central Act).

• The Notaries Rules, 1956 also apply uniformly across India, including West Bengal.

• West Bengal follows the Central government’s guidelines on notary appointments, functions, and fees.

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2. Appointment of Notaries

• Notaries in West Bengal are appointed by the Central Government on the recommendation of the State Government.

• Applicants must be advocates with a minimum of 10 years of practice (as per Section 3 of the Notaries Act).

• Appointed notaries receive a certificate of appointment and are included in the Roll of Notaries maintained by the State Government.

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3. Jurisdiction & Practice Area

• A notary in West Bengal can practice within the territorial limits of West Bengal, unless otherwise authorized.

• Notarial acts performed outside West Bengal must comply with local legal requirements and may require validation.

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4. Fees

• Fees charged by notaries in West Bengal are governed by the Notaries (Fees) Rules, 1956, which prescribe maximum fees for various acts (e.g., notarization, certification of copies, protest of bills).

• Notaries cannot charge fees beyond these prescribed limits.

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5. Official Register

• Every notary in West Bengal must maintain an official Register of Notarial Acts at their place of practice.

• Entries must be made for each notarization, including date, parties involved, type of document, and fee charged.

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6. Functions & Duties

• Verifying identities of signatories.

• Administering oaths and affirmations.

• Certifying true copies of documents.

• Protesting negotiable instruments (e.g., bills of exchange, cheques).

• Refusing notarization when legal or ethical standards are not met.

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7. Penalties for Misconduct

• The Notaries Act contains provisions for removal and penalties if a notary is found guilty of professional misconduct, fraud, or malpractice.

• The State Government, after inquiry, may remove the notary’s name from the Roll.

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8. Additional West Bengal Specifics

• No separate West Bengal state notary act; the state strictly follows the Central laws.

• West Bengal advocates often join the Bar Council of West Bengal, which may have guidelines complementing notarial practice.

• Local government offices and courts recognize notarized documents under the Central Notaries Act.

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9. Useful Contacts

• Registrar of Notaries, West Bengal (usually under the Department of Law, Government of West Bengal)

• Bar Council of West Bengal

• District Courts and High Court at Kolkata for notarial dispute resolutions