Notary register
Querist :
Anonymous
(Querist) 13 July 2020
This query is : Resolved
I want a 25 year old document from Notary register for a specific date for my court case.
I know all the details of the notary person.
1. IS IT POSSIBLE TO GET THE CERTIFIED COPY OF 25 YEARS OLD PAGE OF NOTARY REGISTER NOW??
2. IF YES, THEN WHAT IS THE PROCESS, SHOULD I WRITE AN RTI OR SHOULD I GO TO THE NOTARY DEPARTMENT?HOW TO PROCEED
Rajendra K Goyal
(Expert) 13 July 2020
You can use RTI to know the position.
Generally such old record is not available.
kavksatyanarayana
(Expert) 13 July 2020
There is no period to keep the Notary Registers by a Notary as per the Notary Act, 1952 & Rules of 1956. But the State Government who grants COP shall issue instructions to the Officers concerned in case of a period of preservation of Notary Records. I think the time of preservation of Notary is a maximum of 12 years.
Dr J C Vashista
(Expert) 14 July 2020
Who and where was the notary attesting the documents?
Did you attempt to findout his/ her whereabouts ?
Whether the notary public is alive as on date and if alive whether he has retained 25 years old register ?
Provisions of RTI Act, 2005 are not applicable in the instant case.
Rajendra K Goyal
(Expert) 14 July 2020
Please refer following news item:
New Delhi, Sep 18 (PTI) The Central Information Commission has directed the Law Ministry secretary to expedite the digitisation of notary records across the country and place them on a website.
The directives came during a hearing after a Law Ministry official admitted before Chief Information Commissioner R K Mathur that the records are not being catalogued and indexed properly and are being stored in the godowns in bundles.
https://www.outlookindia.com/newsscroll/digitise-notary-records-cic-to-law-ministry/1385852
Central Information commissioner deciding a RTI appeal on 31.12.2014 of Mr. Nitin Goel Vs. Department of legal affairs Government of India directed the Department of legal affairs Government of India to collect information from concerned Notary and provide to applicant.
Following paras are taken from the Delhi High Court decision in the case of Meena Sharma vs Nand Lal & Anr on 14 May, 2020:
9. Vide order dated 11.4.2016 CIC observed that the Notary has a legal duty to protect and preserve records/Registers. If records are eaten by termites, the Notary owes an explanation to the people why she failed to prevent it. The CIC further held the petitioner to be a deemed PIO and issued a show cause as to why maximum penalty should not be imposed against her. The CIC by its order dated 03.05.2016 concluded that it was a glaring example of poor record maintenance leading to „inaccess‟. It was noted by the Commission that this is a serious negligence, lethargy in complacence and preservation of the public records
26. In the present case, the CIC has imposed a penalty of Rs.25000/- on the petitioner noting as follows:-
"5. A notary who collects huge money through attestations cannot so negligently leave registers as food to termites. Notaries and Regulatory should understand that it amounts to irresponsibility towards records and inaction after the negligence is detrimental to 'governance'. Appointment of Advocate as Notary means that he/she is an agent of Government, to attest documentation on its behalf. The Department of Legal Affairs is 'the concerned authority' in appointing, regulating activities of notary, renewing and removing for misconduct. Preservation of records is the primary responsibility of the notary and this public authority, under Notary Act, Public Records Act and RTI Act.
P. Venu
(Expert) 14 July 2020
The only option is to seek production of the Register by the concerned Notary. However, this may not be n easy task or rather an impossible task. given the time frame involved. RTI Act is of no application in the given facts.
Rajendra K Goyal
(Expert) 14 July 2020
Practically it is doubtful that such an old record would be available. Nothing wrong in trying.
Guest
(Expert) 14 July 2020
An Very Good Explanation and details Provided by Advocate Mr.Rajendra K Goyal. Apprecuated
krishna mohan
(Expert) 14 July 2020
If you know the notary you can approach personally and seek. But, practically, it is very difficult task. Going through RTI etc., yon can try as per cited decision of CIC and case laws.
