Tuesday, May 27, 2025

Notary’s Daily Work Procedural Checklist

1. Verify Identity of Parties

Request valid government-issued ID (e.g., Aadhaar, Passport, Driving License).
Confirm identity matches the document signatories or oath takers.
Record ID details in the notarial register.

2. Examine Documents for Completeness

Check that documents are complete, legible, and properly formatted.
Ensure no blank spaces or missing pages.
Verify if any document requires special attention (e.g., power of attorney, affidavit).

3. Ensure Voluntary Signing

Confirm that signatories understand the document and are signing voluntarily.
If needed, explain the contents or advise consulting a lawyer.
Refuse notarization if coercion or fraud is suspected.

4. Perform the Notarial Act

Administer oaths or affirmations where required.
Witness signatures in your presence (or certify copies, attest signatures).
Affix your official seal and signature on the document.

5. Record the Act in Register of Notarial Acts

Enter date of the act.
Describe the nature of the notarial act performed (e.g., affidavit, oath, attestation).
Note details of the document, parties’ names, and ID numbers.
Keep register bound and updated.

6. Collect Prescribed Fees

Charge fees strictly as per government notifications.
Provide receipts if required.
Maintain clear record of fees collected.

7. Provide the Notarized Document to the Party

Return the notarized original document immediately.
Advise on safekeeping and legal significance.

8. Maintain Confidentiality and Professionalism

Do not disclose contents of documents or personal information.
Handle documents and information with discretion and care.

9. Review and Secure Your Notarial Seal

Ensure the seal is kept secure and used only by you.
Report loss or theft immediately to the appointing authority.

10. Comply with Legal and Administrative Requirements

Submit periodic returns or reports to the government if required.
Attend to any correspondence or inquiries from the appointing authority.
Stay updated with any amendments in laws or rules related to notarial practice.

11. Renew Appointment (When Due)

Monitor validity period of your certificate of appointment.
Apply for renewal in time as per government instructions.

Quick Reference Summary

Step	Task	Key Points
1	Verify identity	Valid ID, record details
2	Check document completeness	No missing pages or blanks
3	Confirm voluntary signing	No coercion, understanding verified
4	Perform notarial act	Administer oath, witness/sign, affix seal
5	Record in register	Detailed entry of act and parties
6	Collect fees	As per prescribed schedule
7	Return notarized document	Advise safekeeping
8	Maintain confidentiality	Protect information
9	Secure seal	Prevent misuse, report loss
10	Legal compliance	Reports, updates, correspondence
11	Renew appointment	Apply timely for continuity

Key Forms and Procedures under Notaries Rules, 1956

1. Application for Appointment as Notary

Purpose: To request official appointment as a notary.
Form Contents:
- Personal details (Name, age, address)
- Legal qualifications and proof of practice (usually minimum 7 years as advocate)
- Declaration of no criminal record or misconduct
- Undertaking to perform duties honestly
Procedure: Submit to the State or Central Government (depending on jurisdiction).
Outcome: If approved, government issues Certificate of Appointment specifying territorial jurisdiction.

2. Certificate of Appointment

Purpose: Official authorization enabling an advocate to act as a notary.
Details Included:
- Notary’s name
- Date of appointment
- Territorial jurisdiction
Issuing Authority: State or Central Government.
Legal Effect: Allows notary to perform acts under the Notaries Act within specified area.

3. Notarial Seal

Purpose: Authenticate all notarial acts.
Details: Name of notary and title, circular or oval shape as per government specifications.
Procedure: Must be procured or approved by government.
Use: Affixed on every notarized document to prove official validation.

4. Register of Notarial Acts

Purpose: Maintain a record of all acts performed by the notary.
Details to Record:
- Date of the act
- Nature of act (e.g., affidavit, attestation, oath)
- Description of the document or transaction
- Names and addresses of parties involved
Maintenance: Register must be bound, securely kept, and open for government inspection.
Legal Importance: Used as official evidence if the authenticity of a notarized document is challenged.

5. Fee Structure and Collection

Purpose: Standardize fees for notarial services.
Procedure:
- Notaries must charge fees strictly as prescribed by government notification.
- No additional or arbitrary fees permitted.
Common Fee Examples: Fees for affidavits, attestations, administering oaths, protests, certifying copies.
Accountability: Fees collected must be properly accounted for, maintaining transparency.

6. Suspension or Removal Process

Purpose: To discipline notaries guilty of misconduct or unfitness.
Procedure:
- Complaint or report triggers an inquiry by the government.
- Notary is given a chance to respond.
- After inquiry, government may suspend or remove the notary from the register.
Legal Basis: Section 8 of the Notaries Act and Rules 9 & 10.
Result: Suspension/removal officially notified and notary’s powers cease.

7. Renewal of Appointment (if applicable)

Purpose: Ensure continued compliance with standards.
Procedure: Submit application or declaration for renewal before expiry of current appointment.
Outcome: Renewal certificate issued if criteria met.
Note: Renewal requirements vary by state or government instructions.

Summary Table of Key Forms/Procedures

Form/Procedure	Purpose	Key Details	Authority Involved
Application for Appointment	Request official notary status	Personal/legal details, qualifications	State/Central Government
Certificate of Appointment	Authorize to act as notary	Name, date, jurisdiction	State/Central Government
Notarial Seal	Authenticate notarial acts	Name/title seal approved by government	State/Central Government
Register of Notarial Acts	Record all notarial acts	Date, act nature, parties, documents	Notary (subject to inspection)
Fee Collection	Standardize fees	Government-fixed fees, no extras	Notary / Government
Suspension/Removal	Discipline misconduct	Inquiry, hearing, official notification	Government
Renewal of Appointment	Maintain eligibility	Application for renewal	Government

Notaries Rules, 1956 — Detailed Summary & Section-wise Analysis

Rule 1: Short title and commencement

Specifies that these rules may be called the Notaries Rules, 1956.
They come into force on the date of their publication in the official Gazette.

Rule 2: Definitions

Defines key terms used in the rules, such as “Act” (Notaries Act, 1952), “Government,” “Notary,” and “Registrar.”
Ensures clarity and uniform understanding for interpretation.

Rule 3: Application for appointment as notary

Advocates eligible for appointment must submit a formal application to the government authority.
The application should include credentials and proof of legal practice.
This rule sets the initial step for selecting notaries.

Rule 4: Grant of certificate of appointment

Upon approval, the government issues a certificate of appointment specifying the territorial jurisdiction.
The certificate authorizes the advocate to act as a notary within the specified area.

Rule 5: Notarial seal

The government provides or approves an official seal for the notary.
Seal must contain the notary’s name and title, and be affixed on all notarized documents.
The seal authenticates the notary’s acts.

Rule 6: Register of Notarial Acts

Each notary must maintain a bound register or book recording:
- Date of the act
- Nature of the act (e.g., attestation, oath)
- Details of the document or transaction
- Name and address of parties involved
This register is subject to inspection by government authorities.

Rule 7: Fees for Notarial Acts

The government fixes fees for various notarial services.
Notaries must charge exactly as prescribed, with no additional fees allowed.
Fees cover acts like certification, attestations, and protests.

Rule 8: Conduct and duties of notaries

Notaries must act impartially and in good faith.
They must ensure that documents are signed voluntarily and parties are properly identified.
Confidentiality and professional ethics must be maintained at all times.

Rule 9: Suspension and removal

Provides procedure for suspending or removing a notary based on misconduct, incapacity, or criminal conviction.
Requires an inquiry or hearing before removal.
Ensures due process is followed protecting notary’s rights.

Rule 10: Reports and returns

Notaries may be required to submit periodic returns or reports of their notarial acts to the appointing authority.
Helps government monitor compliance and activity.

Rule 11: Renewal of Appointment

If applicable, notaries must renew their appointment certificates periodically as prescribed.
Ensures continuous eligibility and adherence to standards.

Rule 12: Miscellaneous provisions

Includes powers for the government to amend fees or make additional procedural rules.
Specifies that these rules do not affect other laws unless expressly stated.

Summary

Rule No.	Topic	Purpose/Key Points
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

Notaries Rules, 1956 – Key Points

1. Appointment of Notaries

Made by the Central or State Government.
Notifications must specify the territorial jurisdiction.
Candidates must be qualified advocates, usually with minimum 7 years’ experience.

2. Application Procedure

Eligible advocates apply to the government.
Government examines qualifications and suitability.
Appointments are notified officially.

3. Seal and Register

Notaries must have an official seal with their name and title.
They must maintain a Register of Notarial Acts, recording every act performed.

4. Duties and Conduct

Notaries must attest signatures, certify documents, administer oaths, and protest negotiable instruments.
Must act impartially and maintain confidentiality.
Required to maintain a record of all documents notarized.

5. Fees

Fees for notarial acts are fixed by the government and must be adhered to strictly.
Notaries cannot charge extra beyond prescribed fees.

6. Removal and Suspension

Procedures for removal or suspension follow due inquiry.
Grounds include misconduct, conviction, or professional incompetence.

7. Miscellaneous

Notaries must renew licenses periodically if applicable.
Must comply with all directions from the appointing authority.

Additional MCQs on Notaries Act, 1952

6. Which section of the Notaries Act deals with the appointment of notaries?

a) Section 3
b) Section 5
c) Section 8
d) Section 9

7. The power to remove a notary from the register lies with:

a) The Supreme Court
b) The Central or State Government
c) The High Court
d) The Bar Council

8. What is the primary purpose of the official seal used by a notary?

a) To show the notary’s signature
b) To authenticate the notarial acts
c) To make the document look official
d) To certify the handwriting of the parties

9. Which of the following documents is typically NOT notarized?

a) Power of Attorney
b) Contract agreement
c) Birth certificate issued by a hospital
d) Affidavit

10. What does Section 9 of the Notaries Act prescribe?

a) Qualifications for appointment as a notary
b) Penalties for falsely acting as a notary
c) Procedure for removal of a notary
d) Powers of the Central Government to make rules

11. The evidentiary value of notarized documents was discussed in which landmark case?

a) Manubhai Pragji Desai v. Union of India
b) P.N. Khedkar v. State of Maharashtra
c) S.R. Venkataramaiah v. State of Mysore
d) Union of India v. Namit Sharma

12. What is the minimum qualification usually required to be appointed as a notary in India?

a) Any citizen above 21 years
b) An advocate with minimum 7 years of practice
c) A law graduate with 2 years experience
d) Any registered lawyer irrespective of experience

MCQs on Case Laws - Notaries Act, 1952

1. According to the Supreme Court in S.R. Venkataramaiah v. State of Mysore, a notarized document is:

a) Inadmissible in court
b) Prima facie proof of authenticity
c) Only hearsay evidence
d) Valid only if registered in court

2. In Manubhai Pragji Desai v. Union of India, the Supreme Court held that the official seal of a notary:

a) Is optional
b) Is mandatory for validity
c) Can be replaced by a signature alone
d) Is not required if the document is witnessed

3. Under the ruling in P.N. Khedkar v. State of Maharashtra, what penalty can be imposed for falsely acting as a notary?

a) Warning letter
b) Fine and/or imprisonment
c) Community service
d) No penalty

4. According to K.V. Bhagwan v. Registrar, High Court Karnataka, a notary can be removed for:

a) Misconduct
b) Conviction for moral turpitude
c) Ceasing to practice law
d) All of the above

5. The Supreme Court in Union of India v. Namit Sharma clarified that:

a) Anyone can perform notarial acts if authorized by the government
b) Only appointed notaries can perform notarial acts legally
c) Notaries do not require government appointment
d) Unauthorized notarization is not punishable

Model Answers: Case Law Questions on Notaries Act, 1952

1. S.R. Venkataramaiah v. State of Mysore (1966)

Legal Principle: The Supreme Court held that a notarized document is prima facie proof of the authenticity of the signature and contents.
Evidentiary Effect: This case establishes that notarized documents carry a strong presumption of genuineness, easing the burden on parties to prove authenticity in court.

2. Manubhai Pragji Desai v. Union of India (1960)

Importance of Official Seal: The Court emphasized that the official seal is mandatory under Section 5 to authenticate notarial acts, without which notarization may be invalid.
Appointment Requirements: It reiterated that appointments must strictly comply with Section 3, ensuring only qualified individuals become notaries, safeguarding integrity.

3. P.N. Khedkar v. State of Maharashtra (1983)

Penalties Upheld: The Court affirmed that falsely acting as a notary attracts both fines and imprisonment under Section 9 of the Act.
Protection Against Fraud: This ruling deters unauthorized practice, thus protecting the public from forged or fraudulent notarizations.

4. K.V. Bhagwan v. Registrar, High Court Karnataka (1978)

Grounds for Removal: Notaries can be removed for misconduct, conviction of moral turpitude, or ceasing to practice (Section 8).
Procedural Safeguards: The Court stressed that removal must follow due inquiry and government procedure, ensuring fairness and accountability.

5. Union of India v. Namit Sharma (2014)

Scope Clarification: Only duly appointed notaries have authority to perform notarial acts. Unauthorized individuals cannot legally notarize documents.
Seriousness of Unauthorized Acts: Unauthorized notarization is a punishable offense under the Act, as it undermines trust and the legal validity of documents.