P.V.Kranthi Kiran, Hyd -9542350436: notary rules

^{THE
NOTARIES RULES, 1956}^¹

^{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 three 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.1000;}

^{(b) extension of area of
practice-Rs.750;}

^{(c) renewal of certificate of
practice-Rs.500;}

^{(d) issue of a duplicate certificate of practice-Rs.300].}

^{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).}

¹^{[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.35/-
	^{if it exceeds rupees 10,000 but does not exceed rupees 25,000}	^Rs.75/-
	^{if it exceeds rupees 25,000 but does not exceed rupees 50,000}	^Rs.110/-
	^{if it exceeds rupees 50,000}	^Rs.150/-
^{(b) for protesting an instrument -}
	^{if the amount of the instrument does not exceed rupees 10,000}	^Rs.35/-
	^{if it exceeds rupees 10,000 but does not exceed rupees 25,000}	^Rs.75/-
	^{if it exceeds rupees 25,000 but does not exceed rupees 1,00,000}	^Rs.110/-
	^{if it exceeds rupees 1,00,000}	^Rs.150/-
^{(c) for recording a declaration of payment for honour}		^Rs.75/-
^{(d) duplicate protests}		^{half the charge of original}
^{(e) for verifying, authenticating, certifying or attesting the execution of any instrument}		^Rs.15/-
^{(f) for presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security}		^Rs.35/-
^{(g) for administering oath to, or taking affidavit from any person}		^Rs.15/-
^{(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.150/-
^{(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.150/-
^{(j) for translating and verifying the translation of any document form one language to another}		^Rs.75/-
^{(k) for noting and drawing up ship's protest, boat protest or protest relating to demurrage and other commercial matters}		^Rs.150/-
^{(l) for certifying copies of document as true copies of the original}		^{Rs.5/- per page minimum Rs. 10/-}
^{(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 five 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 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.}

^{^[2]}^{[(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

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

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

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, 4^th 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).}

P.V.Kranthi Kiran, Hyd -9542350436

Monday, 3 February 2014

notary rules

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