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NOTARIES ACT, 1952
12.
16. [Repealed by the Repealing and Amending Act, 1957, w.e.f. 17-9-1957
NOTARIES RULES, 1956
1.
3. Quali cations for appointment as a notary
4. Application for appointment as a notary
5. [Omitted by the Noti cation G.S.R. 151, dated 14-3-1958] 19
6. Preliminary action on application
7. Recommendation of the competent authority
7A.
7B. Transitional
8. Appointment
8A.
8B.
9. Fees for issue and renewal of certi cate of practice and change of area
10.
Notaries Act, 1952 (53 OF 1952)
An Act to regulate the profession of notaries.
BE it enacted by Parliament as follows:—
Short title, extent and commencement.
1. (1) This Act may be called the Notaries Act, 1952.
(2) It extends to the whole of India 1[***].
(3) It shall come into force on such date* as the Central Government may, by notification in the Official Gazette, appoint.
COMMENTS
SECTION NOTES
1.1 Title and Identification of the Act [Section 1(1)]
This provision names the legislation as the “Notaries Act, 1952,” establishing its formal and official title.
1.2 Scope of Application [Section 1(2)]
The Act’s application is extended across the entire country of India.
The phrase “extends to the whole of India” indicates the geographical jurisdiction of the Act, ensuring that its provisions are uniformly applicable throughout India.
1.3 Commencement and Government Notification [Section 1(3)]
This section delegates the responsibility of the Act’s commencement to the Central Government, which will determine the date of enactment through a formal notification in the Official Gazette.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) 2[***]
(b) “instrument” includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded;
*With effect from 14-2-1956
1. Words “except the State of Jammu and Kashmir” omitted by the Central Laws (Extension to Jammu and Kashmir) Act, 1968, w.e.f. 15-8-1968.
2. Clause (a) omitted, ibid. Prior to omission, clause (a) read as under: ‘(a) “India” means the territories to which this Act extends;’
3[(c) “legal practitioner” means an advocate entered in any roll under the provisions of the Advocates Act, 1961 (25 of 1961);]
(d) “notary” means a person appointed as such under this Act:
Provided that for a period of two years from the commencement of this Act it shall include also a person who, before such commencement was appointed a notary public 4[under] the Negotiable Instruments Act, 1881 (26 of 1881), 5[***] and is, immediately before such commencement, in practice in 6[any part of India:
Provided further that in relation to the State of Jammu and Kashmir the said period of two years shall be computed from the date on which this Act comes into force in that State];
(e) “prescribed” means prescribed by rules made under this Act;
(f) “Register” means a Register of Notaries maintained by the Government under section 4;
7[(g) “State Government”, in relation to a Union territory means the administrator thereof.]
COMMENTS
SECTION NOTES
2.1 Interpretation Clause
The definitions provided under section 2 are prefaced by “unless the context otherwise requires,” meaning the defined terms apply throughout the Act unless specific provisions necessitate a different interpretation.
2.2 Definition of “Instrument” [Section 2(b)]
The term “instrument” is broadly defined to include any document that creates, alters, transfer, or records rights or liabilities.
2.3 Definition of “Legal Practitioner” [Section 2(c)]
A “legal practitioner” under this Act refers specifically to advocates registered under the Advocates Act, 1961.
3. Substituted by the Notaries (Amendment) Act, 1999, w.e.f. 17-12-1999. Prior to substitution, clause (c) read as under:
‘(c) “legal practitioner” means any advocate or agent of the Supreme Court or any advocate, vakil or attorney of any High Court or any pleader authorised under any law for the time being in force to practise in any court of law;’
4. Substituted for “either under” by the Central Laws (Extension to Jammu and Kashmir) Act, 1968, w.e.f. 15-8-1968.
5. Words “or by the Master of Faculties in England” omitted by the Central Laws (Extension to Jammu and Kashmir) Act, 1968, w.e.f. 15-8-1968.
6. Substituted for “any part of India”, ibid.
7. Substituted by the Adaptation of Laws (No.3) Order, 1956, w.e.f. 1-11-1956. Prior to substitution clause (g) read as under:
‘(g) “State Government”, in relation to a Part C State, means the Lieutenant Governor, or, as the case may be, the Chief Commissioner.’
2.4 Definition of “Notary” [Section 2(d)]
The term “notary” refers to individuals officially appointed under the Notaries Act.
2.4-1 Notary Public Under NI Act, 1881 [Provided that]
Individuals appointed as “notary public” under the Negotiable Instruments Act, 1881, for two years post-commencement, are recognized as notaries under this Act.
- Such Notary Public must be practicing in any part of India immediately prior to the commencement.
- For the State of Jammu and Kashmir the period of two year shall be computed from the commencement date of this Act.
2.5 Definition of “Register” [Section 2(f)]
“Register” here refers to the official record of notaries maintained by the government, as mandated under section 4 of the Act.
CASE LAWS
Advocate’s Role as Notary Linked to Professional Conduct - The Supreme Court held that an advocate’s status is integral to their recognition as a notary under section 2(c) of the Notaries Act. The Court ruled that misconduct in notarial acts, such as attesting blank stamp papers with a seal and signature, constitutes a breach of both the Notaries Act and the Advocates Act. It rejected the argument that an advocate’s role as a notary is distinct from their professional conduct as a lawyer, affirming that misconduct in one role affects the other. Punishment was reduced, but the advocate was barred from future recognition as a notary. — Bar Council of Andhra Pradesh v. B. Narayan Swamy AIR ONLINE 2014 SC 8.
Power to appoint notaries.
3. The Central Government, for the whole or any part of India, and any State Government, for the whole or any part of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed.
COMMENTS
SECTION NOTES
3.1 Authority to Appoint Notaries
Section 3 confers the authority to appoint notaries upon both the Central and State Governments.
3.2 Geographical Scope of Appointment
The Central Government has the power to appoint notaries for all of India or specific regions within the country, while State Governments can appoint notaries within their respective state or designated parts of it.
3.3 Eligibility for Appointment
The Act allows for the appointment of “legal practitioners” (i.e., advocates registered under the Advocates Act, 1961) or other qualified individuals as notaries.
3.3-1 Qualification for Appointment as a Notary
The qualifications for appointment as a notary are determined by rules prescribed under the Act [See Rule 3 of the Notaries Rules, 1956].
Registers.
4. (1) The Central Government and every State Government shall maintain, in such form as may be prescribed, a Register of the notaries appointed by that Government and entitled to practice as such under this Act.
(2) Every such Register shall include the following particulars about the notary whose name is entered therein, namely:—
(a) his full name, date of birth, residential and professional address;
(b) the date on which his name is entered in the Register;
(c) his qualifications; and
(d) any other particulars which may be prescribed.
COMMENTS
SECTION NOTES
4.1 Requirement to Maintain a Register [Section 4(1)]
The Central Government and each State Government are to maintain an official Register, in form as may be prescribed [See Form IIA of the Act], of all appointed notaries entitled to practice under their respective jurisdiction.
4.1-1 Prescribed Form of the Register
The Act provides that the format and structure of the Register will be as “prescribed” by rules made under this Act.
4.2 Content Requirements for the Register [Section 4(2)]
Each Register must include specified essential details about each notary that specified under section 4(2).
Entry of names in the Register and issue or renewal of certificates of practice.
5. (1) Every notary who intends to practise as such 8[may], on payment to the Government appointing him of the prescribed fee, if any, be entitled—
(a) to have his name entered in the Register maintained by that Government under section 4; and
(
b) to a certificate authorising him to practise for a period of 9[five years] from the date on which the certificate is issued to him.
10[(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, renew the certificate of practice of any notary for a period of five years at a time.]
8. Substituted for “shall” by the Notaries (Amendment) Act, 1999, w.e.f. 17-12-1999.
9. Substituted for “three years”, ibid.
10. Substituted by the Notaries (Amendment) Act, 1999, w.e.f. 17-12-1999. Prior to substitution, sub-section (2) read as under:
“(2) Every such notary who wishes to continue to practise after the expiry of the period for which his certificate of practice has been issued under this section shall, on application made to the Government appointing him and payment of the prescribed fee, if any, be entitled to have his certificate of practice renewed for three years at a time.”