Notaries Act, 1952

(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 date2 as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires, 1* * * * * (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; 2[(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 3 [under] the Negotiable Instruments Act, 1881 (26 of 1881), 4* * * and is, immediately before such commencement, in practice in5 [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; 6[(g) "State Government", in relation to a Union territory, means the administrator thereof.]

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.

(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.

(1) Every notary who intends to practise as such 1 [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 2 [five years] from the date on which which the certificate is issued to him. 3 [(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, fee, renew the certificates of practice of any notary for a period of five years at a time.]

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.

Every notary shall have and use, as occasion may arise, a seal of such form and design as may be prescribed.

(1) A notary may do all or any of the following acts by virtue of his office, namely:— (a) verify, authenticate, certify or attest the execution of any instrument; (b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security; (c) note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (26 of 1881), or serve notice of such note or protest; (d) note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters; (e) administer oath to, or take affidavit from, any person; (f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents; (g) prepare, attest or authenticate 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; (h) translate, and verify the translation of, any document from one language into another; 1 [(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority; (hb) act as an arbitrator, mediator or conciliator, if so required;] (i) any other act which may be prescribed. (2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal.

[Amendment of Act 26 of 1881]. Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and Schedule I.