ASHOK KUMAR SINGH

Tuesday, May 27, 2025

🏛 NOTARIES RULES, 1956

Made under Section 14 of the Notaries Act, 1952.

1. Short title and commencement

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

2. Definitions

Defines key terms like:

Act → Notaries Act, 1952
Form → Forms set out in the Schedule
Section → A section of the Act

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

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)

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

6. Publication of applicant’s name

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

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

8. Extension or renewal of certificate

Apply at least 6 months before expiry using prescribed form and fee
Renewal granted if government is satisfied

9. Fees for appointment or renewal

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

10. Seal of Notary

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

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

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)

13. Submission of annual returns

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

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

15. Removal or suspension

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

16. Publication of list of notaries

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

🏛 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.

The Notaries Act, 1952

📜 The Notaries Act, 1952 (India)

The Notaries Act, 1952 is the primary law governing the appointment, duties, powers, and functions of notaries in India.

🏛 Purpose of the Act

The Act was created to:
✅ Regulate the profession of notaries
✅ Authorize legal professionals to perform certain official duties (attestation, certification, etc.)
✅ Provide legal authenticity to documents used in India and abroad

🔍 Key Provisions

Section	What It Covers
Section 3	Appointment of Notaries by Central or State Government
Section 4	Seal and Register — notary must maintain a register and use a prescribed seal
Section 8	Functions of Notaries (attestation, certification, administering oaths, preparing documents)
Section 9	Penalty for misconduct or negligence
Section 10	Removal of name from the Notary register
Section 14	Rule-making power of the Central Government

🏛 Powers & Functions of Notaries (under Section 8)

A notary can:

Verify and attest signatures on legal documents
Administer oaths and affirmations
Prepare and authenticate powers of attorney, wills, deeds
Certify copies of original documents as true copies
Note or protest negotiable instruments like bills of exchange
Prepare notarial acts

📘 Rules under the Act

The Notaries Rules, 1956 provide detailed guidelines on:

Qualifications for appointment
Application procedure and fees
Professional conduct
Fee schedule for notarial services
Maintenance of the notary register

⚠️ Misconduct and Penalty

If a notary is found guilty of professional misconduct or negligence, the government can:

Suspend or cancel their certificate of practice
Remove their name from the register
Impose penalties under Section 9

What is a Notary?

✅ What is a Notary?
A notary (or notary public) in India is a legal professional appointed by the central or state government under the Notaries Act, 1952. Their main role is to verify, attest, and certify documents, administer oaths, and perform other acts authorized by law.

🖋 Main Functions of a Notary

Attesting signatures on documents
Certifying true copies of original documents
Preparing notarial acts, contracts, deeds, etc.
Administering oaths or affirmations
Noting or protesting instruments like bills of exchange
Preparing powers of attorney, affidavits, declarations

📜 Who can become a Notary?

To be appointed as a notary, a person must:

Be an advocate with at least 10 years’ experience (7 years for SC/ST/women)
Apply to the Central or State Government with prescribed fees
Be appointed by the Central Government (for whole of India) or State Government (for the state)

🔹 Where to find a notary?

You can typically find notaries:

Near district courts, high courts, or local courts
In legal offices, law chambers, or independent notary offices
Some government departments and banks have in-house notaries

💰 Notary Fees

The fees are regulated by the Notaries Rules, 1956, and depend on the type of service:

Attesting documents: usually ₹15–₹25 per document
Certifying copies: ₹5–₹10 per page
Preparing affidavits, declarations: ₹75–₹150 approx.
(Some notaries may charge additional service fees, but they should follow the notified limits)

✅ How to check if a notary is valid?

You can check the notary’s registration number on their stamp or seal. You may also cross-check with the Ministry of Law and Justice (for central notaries) or the State Law Department (for state notaries).

Case Brief Compilation on Section 14 — Limitation Act, 1963

📚 Case Brief Compilation on Section 14 — Limitation Act, 1963

1️⃣ Roshan Lal v. R.B. Mohan Singh Oberoi

Citation: AIR 1975 SC 824
Court: Supreme Court of India

✅ Facts: Suit filed in a wrong court; issue arose whether Section 14 could be invoked.
✅ Held: Section 14 is not restricted only to cases of lack of jurisdiction but extends to any similar causes where the court is unable to entertain the matter.
✅ Key Principle: Liberal interpretation to promote justice; section applies to similar procedural defects, not just formal jurisdictional errors.

2️⃣ Union of India v. West Coast Paper Mills Ltd.

Citation: AIR 2004 SC 1596
Court: Supreme Court of India

✅ Facts: Proceeding before a tribunal failed due to lack of authority; fresh action filed.
✅ Held: Section 14 applies to civil proceedings before tribunals or quasi-judicial bodies, not only civil courts.
✅ Key Principle: Broad scope; covers non-court civil proceedings if pursued bona fide and diligently.

3️⃣ Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Dept.

Citation: (2008) 7 SCC 169
Court: Supreme Court of India

✅ Facts: Delay in filing under Arbitration Act; sought exclusion under Section 14.
✅ Held: Section 14 applies to arbitration-related applications as they are civil in nature.
✅ Key Principle: The term “civil proceedings” under Section 14 includes arbitration matters.

4️⃣ M.P. Steel Corporation v. Commissioner of Central Excise

Citation: (2015) 7 SCC 58
Court: Supreme Court of India

✅ Facts: Party sought exclusion of time spent in a wrong forum.
✅ Held: Section 14 protects only those who acted with due diligence and good faith; negligent or careless parties cannot claim benefit.
✅ Key Principle: Essential elements are good faith and due diligence.

5️⃣ Krishna v. Chathappan

Citation: (1889) ILR 13 Mad 269 (FB)
Court: Madras High Court (Full Bench)

✅ Facts: Old foundational case on limitation principles.
✅ Held: Limitation statutes must be strictly construed, but equitable sections like Section 14 should be used to prevent injustice.
✅ Key Principle: Early recognition of equity balancing strict limitation rules.

✨ Quick Summary

Element	Requirement
Scope	Civil proceedings, including tribunals, arbitration
Key Conditions	Good faith + due diligence
Applies To	Lack of jurisdiction or similar procedural defect
Interpretation	Liberal, to advance cause of justice
Not Covered	Cases decided on merits or party negligence

Key Case Laws on Section 14

🏛 Key Case Laws on Section 14

1️⃣ Roshan Lal v. R.B. Mohan Singh Oberoi

Citation: AIR 1975 SC 824

✅ Principle:
The Supreme Court clarified that Section 14 is not limited only to defects of jurisdiction but also covers cases where the earlier proceeding was unable to be entertained for any cause similar to lack of jurisdiction.

✅ Takeaway:
The section is to be interpreted liberally to advance the cause of justice — it’s not just for formal jurisdictional defects but extends to similar procedural barriers.

2️⃣ Union of India v. West Coast Paper Mills Ltd.

Citation: AIR 2004 SC 1596

✅ Principle:
The Court held that Section 14 applies even to proceedings before tribunals or quasi-judicial authorities, not just civil courts.

✅ Takeaway:
The benefit of exclusion applies broadly, provided the earlier proceeding was pursued with due diligence and good faith, even if it was not before a formal civil court.

3️⃣ Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department

Citation: (2008) 7 SCC 169

✅ Principle:
The Supreme Court held that Section 14 can apply even to applications under the Arbitration and Conciliation Act, 1996, thus covering civil proceedings outside the traditional civil suit framework.

✅ Takeaway:
The term “civil proceedings” in Section 14 is wide and includes all civil matters, not just conventional civil suits.

4️⃣ M.P. Steel Corporation v. Commissioner of Central Excise

Citation: (2015) 7 SCC 58

✅ Principle:
The Court emphasized that good faith and due diligence are essential. If the party was negligent or careless, Section 14 would not protect them.

✅ Takeaway:
You can’t claim exclusion just because you wasted time — you must show that you acted sincerely and reasonably.

5️⃣ Krishna v. Chathappan

Citation: (1889) ILR 13 Mad 269 (Full Bench)

✅ Historical Importance:
Although a pre-Independence case, this judgment set early foundations by holding that limitation laws must be construed strictly, but equitable principles like Section 14 should be used to prevent injustice.

✨ Summary of Themes from Case Law

✔ Liberal interpretation to serve justice.
✔ Applies to tribunals, arbitration, quasi-judicial forums, not just civil courts.
✔ Essential to prove due diligence and good faith — no protection for negligent parties.
✔ Covers procedural and similar technical defects, not failures on merit.

Monday, May 26, 2025

Section 14 — Exclusion of time of proceeding

Section 14 — Exclusion of time of proceeding bona fide in court without jurisdiction

This section allows a person to exclude (i.e., not count) the time spent in pursuing a legal proceeding in good faith in a court that ultimately turns out to lack jurisdiction (or is otherwise unable to entertain the matter), when computing the limitation period for filing a fresh case.

Breakdown of the section

Let’s break it down simply:

✅ If a person pursues a civil proceeding (whether in a court or before an authority),
✅ With due diligence (i.e., they acted sincerely, not negligently),
✅ And in good faith (they honestly believed the court had the authority),
✅ But that proceeding fails due to lack of jurisdiction or similar reason,
✅ Then the time spent in that proceeding is excluded when calculating the limitation period for filing the new suit or application.

Purpose

The purpose is to protect parties who acted in good faith but lost time because they chose the wrong forum or court. It ensures they are not penalized for a technical defect.

Example

Suppose:

Limitation period for a suit = 3 years.
You filed a suit in Court A, believing it had jurisdiction.
You spend 1.5 years there, but the court ultimately says, “Sorry, we don’t have jurisdiction.”
You then file in the correct Court B.

Without Section 14: You’d only have 1.5 years left; if the 3 years expired, you’d be barred.

With Section 14: The 1.5 years spent in Court A is excluded from the count, so you still get the full balance.

Important points

Only applies to civil proceedings (not criminal or other matters).
The earlier proceeding must have been defective due to jurisdiction or similar issue.
The party must have acted with due diligence and in good faith.
It does not cover cases where the earlier suit failed on merits.

Text of Section 14 (simplified)

Section 14(1): Exclude the time spent in the former civil proceeding where the proceeding was related to the same matter and failed due to lack of jurisdiction or other similar cause.
Section 14(2): Similarly, exclude the time spent in a prior application to the wrong court when filing a new application.