Rule 12 notaries rules - seal of notary
Vianney
(Querist) 10 April 2017
This query is : Resolved
The present design of notary Seal is as Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997)- Details in attached file.
1)Can i please have details of GSR 370 (E) dt 8.7.1997.
2)What was the form and design of seal prior to 8.7.1997.
kavksatyanarayana
(Expert) 10 April 2017
Every notary shall use a round seal with a diameter of 5 c.m. The seal shall be with his name, the name of the areas within which he has been appointed to exercise his functions, the registration number and the circumscription "NOTARY", and the name of the government which appointed him, and his commission will expire on so and so date.
And the Notary Act & Rules are some different from one State to another State.
Vianney
(Querist) 11 April 2017
Mr kavksatyanarayana thank you for the reply. However you have not clarified what was the design before substitution by GSR 370(E) dt 8.7.1997.
If you are aware of reply. Regards
Vianney
(Querist) 11 April 2017
Mr kavksatyanarayana thank you for the reply. However you have not clarified what was the design before substitution by GSR 370(E) dt 8.7.1997.
If you are aware of reply. Regards
Ms.Usha Kapoor
(Expert) 11 April 2017
I agree with Kavaksatyanarayana.
Vianney
(Querist) 11 April 2017
Ms. Kapoor, I need to know the position before rule 12 asregards the design of notary Seal was substituted by GSR 370(E) dt 8.7.1997.
Mt kavksatyanarayana has not clarified. Merely agreeing will not serve any purpose.
Regards
Rajendra K Goyal
(Expert) 11 April 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
Raj Kumar Makkad
(Expert) 12 April 2017
It is purely an academic query raised by a Notary Public. Why don't you consult with old Notaries At?
Vianney
(Querist) 12 April 2017
Makkad Sir, I have been unable to find the provisions of Notaries Rules prior 8.7.97.
I will be obliged if you guide. Thanks
Raj Kumar Makkad
(Expert) 13 April 2017
THE NOTARIES RULES, 1956¹
In exercise of the powers conferred by section 15 of the Notaries Act, 1952(53 of 1952), the Central Government hereby makes the following rules, namely:-
1. Short title - These rules may be called the Notaries Rules, 1956.
2. Definitions - In these rules, unless the context otherwise requires,-
(a) "appropriate government" means in relation to a notary appointed by the Central Government, the Central Government and in relation to a notary appointed by the state Government, the State Government.
(b) "Form" means a Form appended to these rules;
(c) "the Act" means the Notaries Act, 1952 (53 of 1952).
²[(d)“Schedule” means the Schedule appended to these rules.]
³[3. Qualifications for appointment as a notary. - No person shall be eligible for appointment as a notary unless on the date of the application for such appointment-
4[(a) a person had been practicing at least for ten years, or
(aa) a person belonging to Scheduled Caste/Scheduled Tribes and other backward classes had been practicing at least for seven years, or
(ab) a woman who had been practicing at least for seven years, as a legal practitioner, or]
(b) he had been a member of the Indian Legal Services under the Central Government, or
(c) he had been at least for ten years,-
(i) a member of Judicial Service; or
(ii) held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate; or
(iii) held an office in the department of Judge Advocate General or in the legal department of the armed forces.]
4. Application for appointment as a notary.- 5[(1) A person may make an application for appointment as a notary (hereinafter called "the applicant"), through the concerned
______________________________________________________________________
1. Vide S.R.O. 324, dated 14th February, 1956, published in the Gazette of India, Extra., Pt.II, Sec. 3, p.191 dated 15th February, 1956.
2. Ins. by G.S.R. 330(E), dated 9th May, 2001 (w.e.f. 10-5-2001).
3. Subs. by G.S.R. 370(E), dated 8th July, 1997 (w.e.f. 8-7-1997).
4. Subs. by G.S.R. 17(E), dated 5th January, 2000 (w.e.f. 5-1-2000).
5. Subs. by G.S.R. 114(E) dated 24th February, 2009 (w.e.f. 1.3.2009).
District Judge or the Presiding Officer of the Court or Tribunal where he practices as an Advocate, in the Form of memorial addressed to such officer or authority (hereinafter referred to as the "competent authority") of the appropriate Government as that Government may, by notification in the Official Gazette, designate in this behalf.]
1[(2) The memorial shall be drawn by a person referred to in clause (a) of rule 3 in accordance with Form I and by a person referred to in clauses (b) and (c) of the said rule in accordance with Form II.
“2A. A person applying in Form II for appointment as a notary may submit the memorial direct to the Competent Authority of the Appropriate Government.”
(3) The memorial of a person referred to in clause (a) of rule 3 shall be signed by the applicant and shall be countersigned by the following persons:-
(a) a Magistrate,
(b) a Manager of a nationalised bank;
(c) a merchant; and
(d) two prominent inhabitants of the local area within which the applicant intends to practise as a notary.]
2[***]
3[6. Preliminary action on application.- 4[(1) The competent authority shall examine every application received by him and, if he is satisfied that the application is not complete in all respects or the applicant does not possess the qualifications specified in rule 3, or that any previous application of the applicant for appointment as a notary was rejected within six months before the date of the application, shall reject it summarily and inform the applicant accordingly.]
(2) If the competent authority does not reject the application under sub-rule (1),
5[***]
(b) he may, if he thinks fit, ascertain from any Bar Council, Bar Association, Incorporated Law Society or other authority in the area where the applicant proposes to practise, the objections, if any, to the appointment of the applicant as notary, to be submitted within the time fixed for the purpose.]
7. Recommendation of the competent authority.- 6[(1) The competent authority shall, after holding such inquiry as he thinks fit and after giving the applicant an
1. Subs. by G.S.R. 370(E), dated 8th July, 1997 (w.e.f. 8-7-1997).
2. Rule 5 omitted by G.S.R. 151, dated 14th March, 1958.
3. Subs. by G.S.R. 151, dated 14th March, 1958.
4. Subs. by G.S.R. 114(E), dated 24th February, 2009, for sub-rule(1) (w.e.f. 1.3.2009).
5. Clause (a) omitted by G.S.R. 370(E), dated 8th July, 1997 (w.e.f. 8-7-1997).
6. Subs. by G.S.R. 114(E), dated 24th February, 2009, for sub-rule(1) (w.e.f. 1.3.2009).
7. Ins. by G.S.R. 700(E) dated 24th September, 2009 (w.e.f. 24.9.2009).
opportunity of making his representations against the objections, if any, received within the time fixed under sub-rule(2) of rule 6, make a report to the appropriate Government recommending that the applicant may be allowed to appear before the interview Board.]
(2) The competent authority shall also make his recommendation in the report under sub-rule (1) regarding the persons by whom the whole or any part of the costs of the application including the cost of hearing, if any, shall be borne.
(3) In making his recommendation under sub-rule (1), the competent authority shall have due regard to the following matters, namely:-
(a) whether the applicant ordinarily resides in the area in which he proposes to practise as a notary;
(b) whether, having regard to the commercial importance of the area in which the applicant proposes to practise and the number of existing notaries practising in the area, it is necessary to appoint any additional notaries for the area;
(c) whether, having regard to his knowledge and experience of commercial law and the nature of the objections, if any, raised in respect of his appointment as a notary, and in the case of a legal practitioner also to the extent of his practise, the applicant is fit to be appointed as a notary;
(d) where the applicant belongs to a firm of legal practitioners, whether, having regard to the number of existing notaries in that firm, it is proper and necessary to appoint any additional notary from that firm; and
(e) where applications from other applicants in respect of the area are pending, whether the applicant is more suitable than such other applicants.
1 [7A. Constitution of the Interview Board.- (1) If the appropriate Government allows that the applicant may be asked to appear before the Interview Board, the competent authority shall inform the applicant to appear before the Interview Board, on the date, time and place fixed, to judge the competency of the applicant for being appointed as a Notary. The Interview Board shall submit its recommendations to the appropriate Government.
2(2) For the said purpose, one or more Interview Boards shall be constituted by the appropriate Government from amongst its officers dealing with legal matters and the Chairperson of every Interview Board shall be an officer not below the rank of Joint Secretary or Law Officer of that Government.”
1[7B. Transitional provision.- (1) All the memorials received by the Competent Authority till 28th February, 2009 and which are pending shall be processed/examined in accordance with the provisions of the rules as amended by the Notaries (Amendment) Rules, 2009.;
(2) The fresh memorials shall only be submitted on or after 1st July, 2009.]
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
1. Ins. by G.S.R. 114(E), dated 24th February, 2009, (w.e.f. 1.3.2009).
2. Sub. by G.S.R. 700(E) dated 24th September, 2009 (w.e.f. 24.9.2009).
8. Appointment of a notary.- 1[(1) 2[On receipt of the recommendations of the Interview Board, the appropriate Government shall consider the recommendation and shall-]
(a) allow the application in respect of the whole of the area to which it relates; or
(b) allow the application in respect of any part of the area to which it relates; or
(c) reject the application,
and shall also make such orders as the Government thinks fit regarding the persons by whom the whole or any part of the cost of the application including the cost of hearing, if any, shall be borne.]
3[(2) An applicant shall be informed of every order passed by the appropriate Government under sub-rule(1).
(3) Any applicant whose application has been rejected 4[or allowed in respect of only a part of the area to which it relates] or against whom an order as to cost has been made under sub-rule(1) may, within sixty days of the date of the order apply to the appropriate Government for reviewing the order and that Government may, after making such further inquiry as it thinks fit pass such order as it considers necessary.]
5[(4) Where the application is allowed, the appropriate Government shall appoint the applicant as a notary and direct his name to be entered in the Register of Notaries maintained by that Government under section 4 of the Act and issue to him a certificate on payment of prescribed fees authorizing him to practise in the area to which the application relates or in such part thereof as the appropriate Government may specify in the certificate, as a notary for a period of 6[five years] from the date on which the certificate is issued to him.
7[(4A) The appropriate Government may on and after the ninth day of May, 2001, appoint notaries in a State or Union Territory, as the case may be, not exceeding the number of notaries specified in the Schedule:
Provided that the number of notaries whose certificate of practice has been renewed under sub-section (2) of section 5 of the Act shall be included in the total number of notaries appointed for the purpose of counting the total number of notaries specified in the Schedule:
1. Subs. by G.S.R. 151, dated 14th March, 1958.
2. Subs. by G.S.R. 114(E), dated 24th February, 2009, for “On receipt of the report of the competent authority, the appropriate Government shall consider the report and shall-“ (w.e.f. 1-3-2009) .
3. Ins. by G.S.R. 151, dated 14th March, 1958.
4. Ins. by G.S.R.1056, dated 30th October, 1958.
5. Re-numbered by G.S.R. 151, dated 14th March, 1958.
6. Subs. by G.S.R. 262(E), dated 28th March, 2000 (w.e.f. 28.3.2000).
7. Ins. by G.S.R. 330(E), dated 9th May, 2001 (w.e.f. 10.5.2001).
Provided further that if in a State or Union territory the number of notaries appointed before the ninth day of May, 2001 exceeds the number of notaries specified in the Schedule, such notaries shall continue to be so appointed in that State or Union territory, as the case may be.]
1[2[(5)] The Register of Notaries shall be in Form IIA and the certificate of practice shall be in Form IIB.]
3[8A. Extension of area of practice.- A notary public who is already in possession of a certificate of practice in respect of a particular area, may for sufficient reasons, apply for extension of his area of practice. If the original certificate of practice had been issued by a State Government and the new area of practice applied for lies within the territory of that State, the application for extension of the area of practice shall be made to that State Government. In all cases where the original certificate of practice had been issued by the Central Government, the application for extension of the area of practice shall be made to the Central Government. Applications for the extension of the area of practice where the new area lies either wholly outside the State or partly inside and partly outside the State which granted the original certificate shall be made to the Central Government for the issue of a fresh certificate. The State Government or the Central government, as the case may be, shall, after considering the reasons stated in the application and other factors, pass such orders thereon as it may deem fit. Any extension of the area of practice shall not have the effect of extending the period of validity of the original certificate beyond the period of 4[five years] specified in rule 8(4)].
5[8B. Renewal of Certificate of Practice.- The certificate of practice issued under sub-rule (4) of rule 8 may be renewed for a further period of five years on payment of prescribed fee. An application for renewal of Certificate of Practice shall be submitted to the appropriate Government before six months from the date of expiry of its period of validity :
Provided that the appropriate Government may, after considering the reasons stated in the application, relax the condition of submission of application for renewal of certificate of practice before the above specific period.”]
6[9. Fees for issue and renewal of certificate of practice and extension of area.-The fees for issue and renewal of certificate of practice and extension of area shall be as under,-
(a) issue of certificate of practice - Rs.2000;
(b) extension of area of practice-Rs.1500;
(c) renewal of certificate of practice-Rs.1000;
(d) issue of a duplicate certificate of practice-Rs.750.
1. Ins. by S.R.O. 1353, dated 6th June, 1956
2. Re-numbered by G.S.R. 1056, dated 30th October, 1958
3. Ins. by G.S.R. 1056, dated 30th October, 1958.
4. Subs. by G.S.R. 262 (E), dated 28th March, 2000 (w.e.f. 28-3-2000).
8th November, 1958.
5. Sub. by G.S.R. 686 (E) dated 31.10.2007 (w.e.f. 31-10-2007).
6. Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
10. Fees payable to a notary for doing any notarial act.- 2[(1) Every notary may charge fees not exceeding the rates mentioned below, namely:-
(a) for noting an instrument -
if the amount of the instrument does not exceed rupees 10,000 Rs.50/-
if it exceeds rupees 10,000 but does not exceed rupees 25,000 Rs.100/-
if it exceeds rupees 25,000 but does not exceed rupees 50,000 Rs.150/-
if it exceeds rupees 50,000 Rs.200/-
(b) for protesting an instrument -
if the amount of the instrument does not exceed rupees 10,000 Rs.50/-
if it exceeds rupees 10,000 but does not exceed rupees 25,000 Rs.100/-
if it exceeds rupees 25,000 but does not exceed rupees 1,00,000 Rs.150/-
if it exceeds rupees 1,00,000 Rs.200/-
(c) for recording a declaration of payment for honour Rs.100/-
(d) duplicate protests half the charge of original
(e) for verifying, authenticating, certifying or attesting the execution of any instrument Rs.35/-
(f) for presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security Rs.50/-
(g) for administering oath to, or taking affidavit from any person Rs.35/-
(h) for preparing any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate Rs.200/-
(i) for attesting or authenticating any instrument to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate Rs.200/-
(j) for translating and verifying the translation of any document form one language to another Rs.100/-
(k) for noting and drawing up ship's protest, boat protest or protest relating to demurrage and other commercial matters Rs.200/-
(l) for certifying copies of document as true copies of the original Rs.10/- per page minimum Rs. 20/-
(m) for any other notarial act
such sum as the appropriate Government may fix from time to time.
1. Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
2. Subs. by G.S.R. 630 (E), dated 21st July, 2000 (w.e.f. 21-7-2000).
(2) The rates of fees to be charged by a notary shall be displayed by him in conspicuous place inside as well as outside his chamber or office.
(3) In addition to the above fees, a notary may charge the travelling allowance by road or by rail at the rate of rupees twenty per kilometre.]
11. Transaction of business by a notary.- (1) A notary in transacting the business under the Act shall use the Forms set forth in the Appendix to these rules.
1[(2) Besides recording declaration of payment for honour a notary shall also register notings and protests made. Every notary shall maintain a notarial register in the prescribed Form XV.]
(3) Where any demand of acceptance or payment or better security has been made by a clerk, a notary shall, after examination of the entry in the Register relating to such demand, affix his signature thereto, and cause the clerk to affix his signature also to the entry.
(4) Each notary shall, before bringing the Notarial Register into use, add a certificate on the title page specifying the number of pages it contains. Such certificate shall be signed and dated by the notary.
(5) Every notary shall permit the District Judge or such officer as the appropriate Government from time to time appoint in this behalf to inspect his register at such times, not often than twice a year, as the District Judge or officer may fix. District Judge or officer appointed by the State Government will have power to lodge a report to the appropriate Government for taking action against a notary.
(6) When the original instrument is in a language other than English, any noting or protest or entry in his register which has to be made in respect of the instrument by a notary may be made either in that language or in English.
(7) In making presentment of bills or notes a notary shall observe the provisions of Chapter V of the Negotiable Instruments Act,1881 (26 of 1881).
(8) The notary may-
(1) draw, attest or certify documents under his official seal including conveyance of properties;
(2) note and certify the general transactions relating to negotiable instruments;
(3) prepare a Will or other testamentary documents; and
(4) prepare and take affidavits for various purposes for his notarial acts.
(9) Every notary shall grant a receipt for the fees and charge realised by him and maintain a register showing all the fees and charges realised.
__________________________________________
1. Subs. by S.O. 83, dated 28th December, 1965.
1[12. Seal of notary.- Every notary shall use a plain circular seal of a diameter of 5 c.m. as indicated by a drawing given below, bearing his name, the name of the areas within which he has been appointed to exercise his functions, the registration number,expiry date and the circumscription "NOTARY", and the name of the Government which appointed him.]
2[13. Inquiry into the allegations of professional or other misconduct of a notary.- 3[(1) An inquiry into the misconduct of a notary may be initiated either suo motu by the appropriate Government or on a complaint received in Form XIII.]
(2) Every such complaint shall contain the following particulars, namely:-
(a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary;
(b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.
(3) The appropriate Government shall return a complaint which is not in the proper Form or which does not contain the aforesaid particulars to the complainant for representation after compliance with such objections and within such times as the appropriate government may specify:
Provided that if the subject-matter in a complaint is, in the opinion of the said Government substantially the same as or covered by, any previous complaint and if there is no additional ground, the said Government shall file the said complaint without any further action and inform the complainant accordingly.
(4) Within sixty days ordinarily of the receipt of complaint, the appropriate Government shall send a copy thereof to the notary at his address as entered in the Register of Notaries.
4[(4A) Where an inquiry is initiated, suo motu by the appropriate Government, the appropriate Government shall send to the notary a statement specifying the charge or charges against him, together with particulars of the oral or documentary evidence relied upon in support of such charge or charges.]
--------------------------------
1. Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997)
2. Subs. by S.O 774 dated 9th March, 1957
3. Subs. by G.S.R 1056, dated 30th October, 1958
4. Ins. by G.S.R. 1056, dated 30th October. 1958
(5) 1[ A notary against whom an inquiry has been initiated may, within fourteen days of the service on him of a copy of the complaint under sub-rule (4) or of the statement of the charges under sub-rule (4A), as the case may be,] or within such time as may be extended by the appropriate Government, forward to that Government a written statement in his defence verified in the same manner as a pleading in a civil court.
(6) If on a perusal of 1[ the written statement,] if any, of the notary concerned and other relevant documents and papers, the appropriate Government consider that there is a prima facie case against such notary, the appropriate Government shall cause an inquiry to be made in the matter by the competent authority. If the appropriate Government is of the opinion that there is no prima facie case against the notary concerned, 2[the complaint or charge shall be filed] and the complainant and the notary concerned shall be informed accordingly.
[(7) Every notice issued to a notary under this rule shall be sent to him by registered post. If any such notice is returned unserved with an endorsement indicating that the addressee has refused to accept the notice or the notice is not returned unserved within a period of thirty days from the date of its despatch, the notice shall be deemed to have been duly served upon the notary.]
(8) It shall be the duty of the appropriate Government to place before the competent authority all facts brought to its knowledge which are relevant for the purpose of an inquiry by the competent authority.
(9) A notary who is proceeded against shall have right to defend himself before the competent authority either in person or through a legal practitioner or any other notary.
(10) Except as otherwise provided in these rules, the competent authority shall have the power to regulate his procedure relating to the inquiry in such manner as he considers necessary and during the course of inquiry, may examine witnesses and receive any other oral or documentary evidence.
(11) The competent authority shall submit his report to the Government entrusting him with the inquiry.
(12) (a) The appropriate Government shall consider the report of the competent authority, and if in its opinion a further inquiry is necessary, may cause such further inquiry to be made and a further report submitted by the competent authority.
(b) If after considering the report of the competent authority, the appropriate Government is of the opinion that action should be taken against the notary the appropriate Government may make an order-
(i) Cancelling the certificate of practice and perpetually debarring the notary from practice; or
(ii) suspending him from practice for a specified period; or
(iii) letting him off with a warning, according to the nature and gravity of the misconduct of the notary proved.
(13) Notification of removal- The removal of the name of any notary from the Register of Notaries from practice, as the case may be, shall be notified in Official Gazette and shall also be communicated in writing to the notary concerned.]
1. Subs. by G.S.R. 1056, dated 30th October, 1958
2. Subs. by G.S.R. 370(E), dated 8th July, 1997 (w.e.f. 8-7-1997).
1[(14) Submission of returns- Every notary shall, in the first week of January every year, submit to the appropriate Government, an annual return in Form XIV of the notarial acts done by him during the preceding year.]
15. Each notary shall have an office within the area mentioned in the certificate issued to him under rule 8 and he shall exhibit it in a conspicuous place thereat a board showing his name and his designation as a notary
16. If a notary has to deal with a case which does not in terms attract any of the Forms prescribed, the notary should adopt the form nearest to his case with such modifications thereto as he thinks the exceptional peculiarities of the case to justify.
2[17. Annual publication of the list of notaries.-The list of notaries to be published by the Central Government and every State Government under section 6 of the Act, shall be in the following Form:-
Sl.No.
Name of
Notary
Residential
and
professional
addresses Qualifications
Area in which
he is authorized
to practise.
Remarks
1. Subs. by S.O 1285, dated 20th April, 1957.
2. Ins. by S.O 854, dated 11th March, 1957
1[THE SCHEDULE
(See rule 8(4A))
Name of State/Union
territory
------------------------------------------------
(1)
------------------------------------------------
1. Andhra Pradesh.
2. Assam
3. Bihar
4. Gujarat
5. Kerala
6. Madhya Pradesh
7. Tamil Nadu
8. Maharashtra
9. Karnataka
10. Orissa
11. Punjab
12. Rajasthan
13. Uttar Pradesh
14. West Bengal
15. Jammu & Kashmir
16. Nagaland
17. Haryana
18. Himachal Pradesh
19. Manipur
20. Tripura
21. Meghalaya
22. Sikkim
23. Mizoram
24. Arunachal Pradesh
25. Goa
26. Uttaranchal
27. Chhattisgarh
28. Jharkhand
29. Delhi
30. Andaman and Nicobar Islands
31. Lakshadweep
32. Dadra and Nagar Haveli
33. Daman & Diu
34. Pondicherry
35. Chandigarh Maximum number
of notaries to be
appointed by the
the Central Government
---------------------------------------------
(2)
---------------------------------------------
575
575
925
93810
5639
1,125
725
197010
675
750
9578
800
1,750
450
350
200
107010
300
225
100
175
100
200
325
50
325
400
450
4883
50
25
25
50
100
8610 Maximum number of notaries to be appointed by State Government or Union territory Administration.
---------------------------------------------
(3)
---------------------------------------------
8633
575
925
14079
8457
16883
10883
13133
10137
750
425
12006
26255
450
5259
200
475
45010
225
100
175
100
200
325
25010
325
6003
450
2[325]
50
25
25
50
100
25]
1. Ins. by G.S.R 330 (E) dated 9.5. 2001 (w.e.f. 10.5.2001)
2. Subs. by GSR 460 (E) dt. 25.6.2001 (w.e.f. 26.6.2001)
3. Subs. by GSR 296 (E) dt. 19.5.2006 ( w.e.f. 19.5.2006)
4. Subs. by GSR 501 (E) dt. 24.8.2006 (w.e.f. 24.8.2006)
5. Subs. by GSR 86 (E) dt. 14.2.2007 ( w.e.f 15.2.2007)
6. Subs. by GSR 319 (E) dt. 1.5.2007 read with GSR 330 (E) dt. 8.5.2007 ( w.e.f. 1.5.2007)
7. Subs. by GSR 686 (E) dt. 31.10. 2007 ( w.e.f. 31.10.2007)
8. Subs. by GSR 51 (E) dt. 23.1.2008 ( w.e.f 23.1.2008)
9. Subs. by GSR 636 (E) dt. 3.9. 2008 ( w.e.f. 3.9. 2008)
10. Subs. by GSR 764 (E) dt. 3.11.2008 ( w.e.f. 3.11.2008)
1[FORM I
Memorial
(See rule 4(2))
PHOTOGRAPH
1. Name of the applicant___ ________________
2. Father's/Husband’sname_______________________________
3. Date of Birth _______________________________________
4. Whether SC/ST/OBC/General ______________________ 5. Address (residence) ______________________________________
__________________________________________________________
Pin____________________ Telephone___________Fax__________ E-mail
Address (Office) _____________________________________________
__________________________________________________________
_______________________________ Pin ______________________
Telephone___________Fax______________E-mail_________________
6. Educational Qualifications (Please attach attested photocopies)
______________________________________________________________
7. Enrolment number & date (Please attach attested photocopies)
____________________________________________________________
8. Practising in _______________________________________________
Civil side _________________________________________________
Criminal side ______________________________________________
Taxation __________________________________________________
Revenue Courts ____________________________________________
9. Whether Income tax assessee _________________________________
10.The memorial of (name of the applicant in block letters)
showeth______________________________________________
1. that the memorialist is a person eligible for appointment as a notary under the Notaries Act, 1952, and clause (a) of rule 3 of the Notaries Rules, 1956;
2. that the memorialist resides in____________________(here state the name of the local area or name of court where he intends to practise) and will reside for upwards of_________________________(state how long);
3. that the number of notaries practising in the local area is insufficient for the requirements thereof (the grounds of the statement should be added);
4. that no previous application of the memorialist has been rejected or withdrawn by him, within the preceding six months;
The memorialist, therefore, prays that the government be pleased to appoint and admit him as a notary under and by virtue of the Notaries Act, 1952 (53 of 1952) and clause (a) of rule 3 of the Notaries Rules, 1956, to practise in__________________________(here state the name of the local area).
Dated_____________day of________20____ Signature of the applicant
------------------------
1. Subs. by G.S.r. 172(E), dated 12th March, 2001 (w.e.f. 12-3-2001).
Name and address
of signatories
1.
2.
3.
4.
5. Profession
Name and address of the firm/organisation
Signature with Seal
Note.- Under rule 4(3) the memorial should be countersigned by a Magistrate, a manager of a Nationalised Bank, a merchant and two prominent inhabitants of the area where he intends to practise as a notary.]
* Postal address of the Competent Authority designated by the Central Government under Rule 4(1), Notary Rules, 1956 is as under :-
The Competent Authority (Notaries)
Ministry of Law and Justice, Department of Legal Affairs, 4th Floor, ‘A’ Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi – 110001.
1[FORM II
(See rule 4(2))
1.Name of the applicant_______________________ __________________
2.Father's/Husband’s name ____ ___________________________________
3.Date of birth _______ __________________________________
4.Whether SC/ST/OBC/General____________________________________
5.Address(Residence)_____________________________________________________________________________________________________________________________
Pin___________________
Telephone__________________Fax___________E-Mail__________________________
Address(office)____________________________________________________________
Pin _____________________________________________________________
Telephone ________________Fax _________________E-mail ______________________
6. Educational Qualifications__________________________________________________
7. Date of joining government service __________________________________________
8. Date of retirement________________________________________________________
9. Post held at the time of retirement__________________________________________
10. Area, where the memorialist intends to practise as Notary _______________________
Dated_____________ day of ____________ 20_____________
Signature of the applicant
Note : Necessary proof about eligibility under rule 3(b) and (c) of the Notaries Rules, 1956, is to be attached. Rule 3(b) and (c) are as follows:-
"3. Qualifications for appointment as a notary- No person shall be eligible for appointment as a notary unless on the date of the application for such appointment,-
(a) ______________________________________
(b) he had been a member of the Indian Legal Service under the Central Government, or
(c) he had been at least for ten years,-
(i) a member of Judicial Service; or
(ii) held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate; or
(iii) held an office in the department of Judge Advocate General or in the legal department of the armed forces."]
2[FORM IIA]
Register of Notaries
[(See rule 8(5)]
Sl. No.
Full Name
and date
of birth of
notary Residential
and professional
addresses
of notary Date on which
the name of notary is entered
in the Register
Qualifications
of notary Area in
which notary
may practise Remarks
1. Subs. by G.S.R. 172 (E), dated 12th March, 2001 (w.e.f. 12-3-2001).
2. Subs. by S.O. 1353, dated 6th June, 1956.
1[FORM IIB
(See rule 8(5))
GOVERNMENT OF ............
(Emblem)
CERTIFICATE OF PRACTICE
Certified that.......................................................................son/daughter/wife of....................... ........................resident of ...............has been appointed as a notary under the Notaries Act 1952 (53 of 1952) and is authorised to practice as such in and throughout......................for a period of five years............ Given under my hand and seal of the Government of ......................this...............day of.............
2 [Addl. Secretary to the Government of India/
Secretary to the Government of....................
(Name of the State)]
FORM III
Form of Noting for Dishonour
(See section 8)
(To be made upon the instrument or upon a paper attached thereto, or partly upon each).
Reference to page in Notarial Register...............
Date of presentment and dishonour by non-acceptance/non-payment...............
Reason, if any, assigned for dishonour (or, if the instrument has not been expressly dishonoured, reason why holder treats it as dishonoured).
Date of note..........
Signature of Notary
Notary's charges.
FORM IIIA
Form of Noting for Dishonour
(See section 8)
(To be entered in the Notarial Register)
(Copy of the bill and endorsements)
On the ...............day of..............20..... the above bill was, at the request of.................(here give the name), presented by me for acceptance to...............(here give the name), the drawee personally (at his residence or usual place of business) in......................(town or village) and, I received, the following answer:-
........................................................………………………………………
(The said bill is, therefore, noted for non-acceptance.)
Place and date...................... Signature of Notary (This note is to be signed in the margin by the notary's clerk also if he presented the bill).
1. Subs. by G.S.R. 370 (E), dated 8th July, 1997 (w.e.f. 8-7-1997).
2. Subs. by G.S.R. 700 (E), dated 24th September, 2009 (w.e.f. 24-9-2009).
Guest
(Expert) 13 April 2017
Excellent Presentation by Senior Expert/Senior Advocate Shri .Rajkumar Makkad.
Vianney
(Querist) 13 April 2017
A Big Thank You, Makkad Sir for complete details.
