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Abu Thalha (Law)     14 December 2021

Proposed amendments to notaries act

It is proposed to restrict the number of renewals of a notary certificate to two/ This will also apply to existing notaries as well. Is this amendment will stand the test of constitutional law?


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 3 Replies

Anaita Vas   14 December 2021

The main features of the proposed Bill may be briefly summarized as under:

  • The draft Bill proposes to restrict the renewal of certificates of practice of Notaries up to two terms, i.e., original term of five years and two renewal terms of five years each;
  • Power to suspend the certificate of practice in cases of professional misconduct by the appropriate government for conduct of inquiry;
  • Digitization of notarial work undertaken by Notaries.

It is proposed to restrict the overall term of Notaries for a period upto fifteen years (initial term of five years and two renewal terms of five years each) by curtailing renewals of unlimited terms, thus providing an opportunity for young legal professionals to serve as a Notary.

 

Regards,

Anaita Vas

Aryan Raj   14 December 2021

To encourage more young legal practitioners to enter the industry, the government recommends amending the Notaries Act to limit the number of periods a person can practise as a notary. The proposed amendment Bill also seeks to expand the jurisdiction of the appropriate government to suspend a certificate of practise in cases of professional misconduct in order to conduct an investigation. It also aims to digitise notarial work carried out by notaries. After the original appointment, the number of terms for renewal of notary practise certificates is currently unrestricted.

Only after the age of 40 to 45, lawyers gain the responsibility of notary. It is only valid for people between the ages of 55 and 60, and it is not renewable after 15 years. So in my opinion may be the experienced notary lawyers are treated unequally in this context.

Regards,

Aryan Raj 

 

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Abu Thalha (Law)     15 December 2021

A lawyer gains knowledge by experience. Such an experience makes him qualified for entry as a Notary.  Initially a ten year experience, three years more than what is prescribed for a District Judge was made.  This makes the lawyer a well qualified person to start his career as a Notary.

After gaining good knowledge and experience in his notarialprofession, expelling him after his second renewal is nothing but a failure to utilise his experience gained.

You may restrict the entry age as 5o and have the reewals done unrestricted.


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