Notaries Act, 1952
No: 53 Dated: Aug, 09 1952
THE NOTARIES ACT, 1952
ACT NO. 53 OF 1952
An Act to regulate the profession of notaries.
BE it enacted by Parliament as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Notaries Act, 1952.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint
2. Definitions:- In this Act, unless the context otherwise requires,
(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;
(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 under the Negotiable Instruments Act, 1881 (26 of 1881), and is, immediately before such commencement, in practice in 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;
(g) State Government, in relation to a Union territory, means, the administrator thereof.
3. Power to appoint notaries .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.
4. Registers .(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 practise 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.
5. Entry of names in the Register and issue or renewal of certificates of practice .(1) Every notary who intends to practise as such 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 five years from the date on which the certificate is issued to him.
(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.
6. Annual publication of lists of notaries .The Central Government and every State Government shall, during the month of January each year, publish in the Official Gazette a list of notaries appointed by that Government and in practice at the beginning of that year together with such details pertaining to them as may be prescribed.
7. Seal of notaries .Every notary shall have and use, as occasion may arise, a seal of such form and design as may be prescribed.