The Role and Responsibilities of Notaries in India: The Notaries Act, 1952

Central Government Act: The Notaries Act, 1952

1. What is Notary?

- A notary, also called a notary public, is a person authorize to witness the signing of legal documents. A notary verifies and witness the Legal documents.

- Appointment and Salary (section 3) Section 3 gives power to CG and SG to appoint Notaries

- For the whole of India or part of India, and whole of state or part of the state.

- A Notary is appointed by the Government authority when a lawyer is of 10 years of membership in the legal service of central or Judicial service. And it the term varies for SC/ST/Woman.

- A procedure is followed in appointing a Notary for a period of less than 5 years.

- Notaries do not obtain salaries but earn income by charging fees for services rendered.

2. What are the Functions of a Notary (Section 8)?

- To verify the authenticity of legal documents and create a trustworthy environment to an agreement between parties, approving the original signatures from the parties as well as photo identification of the signatories.

- Record the identification and agreement. 

- Maintains the journal.

- Bearing witness to the Government on behalf of the client. 

- A Notary awards a notarial certificate and appends the seal of the notary on the document.

3. What is Area of Practice and Extension of Area of Practice?

A Notary public who is already in possession of a certificate for a particular area is validated to practice in the same area which he had applied for. He may apply for extension of his area. For this, the Notary public is to file the application along with fee to the appropriate government.

4. Renewal of certificate?

- The certificate of practice may be renewed for a further period of five years in the prescribed application along with the payment.

- Is he subject to Removal?

- The Government authority that appoints a notary can also remove from the same office by Section 4.

 

5. Does hold a Seal?

Every notary will have to have a circular seal of 5 cms, bearing his name, the name of the area in which he has been appointed to exercise his functions, his registration number and the and the circumscription NOTARY and the name of the Government appointed him as Notary.

6. What is Fee payable to Notary?

Rule 10 provides that every Notary shall not levy fees not exceeding the rates mentioned in the rule. For an example we take one of them:  For administering oath to, or taking affidavit form any person = Rs 35/-.

7. Does he hold a Register?

Every Notary shall maintain a Notarial register in From No. XV. Each activity is to be noted in the register along with the signature of the Notary. The register is subject to the inspection of District Judge or authorized officer by the Govt. not less than twice a year.

8. Who does he submit his Annual Return?

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 previous year.