๐ THE NOTARIES ACT, 1952
(Act No. 53 of 1952)
1. Short title, extent, and commencement
(1) This Act may be called the Notaries Act, 1952.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires—
(a) “instrument” includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, extinguished, or recorded;
(b) “legal practitioner” means any advocate, vakil, or attorney of any High Court, and includes a pleader in practice;
(c) “notary” means a person appointed as such under this Act;
(d) “prescribed” means prescribed by rules made under this Act.
3. Power to appoint notaries
(1) The Central Government, for the whole or any part of India, and any State Government, for the whole or any part of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed.
(2) A notary appointed by the Central Government shall have the power to act as notary in the whole of India or in such part or parts thereof as may be specified.
(3) A notary appointed by a State Government shall have the power to act as notary within the state or in such part or parts thereof as may be specified.
4. Seal of notary and register of notarial acts
Every notary shall use, while acting as a notary under this Act, a seal of such form and design as may be prescribed, and shall keep a register containing particulars of notarial acts done by him.
5. Entry of names in the Register and issue or renewal of certificates of practice
The name of every notary shall be entered in the Register maintained by the appropriate Government, and a certificate of practice shall be issued or renewed as prescribed.
6. Annual publication of list of notaries
The Central Government and every State Government shall, in each year, publish in the Official Gazette a list of notaries appointed under this Act.
7. Qualifications for appointment as a notary
A person may be appointed as a notary if he has been a legal practitioner for at least ten years (or seven years in case of women or persons belonging to Scheduled Castes/Scheduled Tribes) or has other prescribed qualifications.
8. Functions of a notary
A notary may do all or any of the following acts:
(a) Verify, authenticate, certify, or attest the execution of any instrument;
(b) Administer oaths or witness swearing by deponents for affidavits;
(c) Note or protest instruments like bills of exchange;
(d) Prepare instruments like wills, deeds, powers of attorney, or contracts;
(e) Translate and verify translations;
(f) Any other act which may be prescribed.
9. Penalty for falsely claiming to be a notary
Any person who falsely represents himself as a notary or acts as a notary without being appointed shall be punishable with fine which may extend to ₹500.
10. Removal of name from Register
The Government may remove the name of a notary from the Register if:
(a) He has been adjudged insolvent or convicted of an offence involving moral turpitude;
(b) He has been guilty of professional or other misconduct; or
(c) His name has been entered due to error or misrepresentation.
11. Procedure before removal
No name shall be removed unless the notary has been given a reasonable opportunity to show cause against the action proposed.
12. Publication of removal
Every order of removal shall be published in the Official Gazette.
13. Delivery of seal and certificate on removal
Any person whose name has been removed from the Register shall, within fourteen days, deliver his seal and certificate of practice to the appropriate Government.
14. Power to make rules
(1) The Central Government may, by notification, make rules to carry out the purposes of this Act.
(2) Such rules may include:
(a) Qualifications for appointment;
(b) Fees payable;
(c) Duties and powers of notaries;
(d) Form of seal and register;
(e) Procedure for inquiries;
(f) Any other matter necessary for carrying out the purposes of this Act.
15. Notifications and rules to be laid before Parliament
Every notification and rule made under this Act by the Central Government shall be laid before both Houses of Parliament.
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