Union of India - Act
Notaries Rules, 1956
UNION OF INDIA
India
India
Notaries Rules, 1956
Rule NOTARIES-RULES-1956 of 1956
- Published on 14 February 1956
- Commenced on 14 February 1956
- [This is the version of this document from 14 February 1956.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title. - These [rules] may be called The Notaries Rules, 1956.
2. Definitions. - In these rules, unless the context otherwise requires,-
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. Application for appointment as a notary. - [(1) A person may make an application for appointment as a notary (hereinafter called "the applicant") online in Form I or Form II as applicable, 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].
6. [ Preliminary action on application.
- ][(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.] [ Substituted by G.S.R. 114(E), dated 24.2.2009 (w.e.f. 1.3.2009).]7. Recommendation of the competent authority. - [(1) The competent authority shall, after holding such inquiry as he thinks fit and after giving the applicant an 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.]
7B. [ Transitional provision.
8. Appointment of a notary. - [(1) ]
[On receipt of the recommendations of the Interview Board the appropriate Government shall consider the recommendation and shall,-] [ Substituted by G.S.R. 114(E), dated 24.2.2009 (w.e.f. 1.3.2009).](a)[ allow the application in respect of the whole of the area to which it relates; or [Substituted by G.S.R. 114(E), dated 24.2.2009 (w.e.f. 1.3.2009). ](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.]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 the practice shall not have the effect of extending the period of validity of the original certificate beyond the period of ][five years] [ Substituted by G.S.R. 262(E), dated 28.3.2000 (w.e.f. 28.3.2000).][specified in rule 8(4). ] [Inserted by G.S.R. 1056, dated 30.10.1958. ]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 online in Form XVI to the appropriate Government before (six months) from the date of expiry of its period of validity.]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 |
10. Fees payable to a notary for doing any notarial act. - ]
[(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 50,000 | ||
| (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 for original |
| (e) | For verifying, authenticating, certifying or attesting the execution of any instrument | Rs. 15 |
| (f) | For presenting any promissory note,hundior 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 Indian in such form an 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 from 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 documents as true per page 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.] |
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.
12. [ Seal of notary.
- Every notary shall use a plain circular seal of a diameter of 5 cm. 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.]13. [ Inquiry into the allegations of professional or other misconduct of a notary.
- ][(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.] [ Substituted by G.S.R. 1056, dated 30.10.1958.]14. [ Submission of returns.
- Every notary shall, in the first week of January every year, submit to the appropriate Government, an annual return online 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 threat 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.
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 address | Qualifications | Area in which he is authorized to practice | Remarks |
| Name of State/Union territory | Maximum number of notaries to be appointed by the Central Government | Maximum number of notaries to be appointed by State Government orUnionterritory Administration | |
| (1) | (2) | (3) | |
| 1. | Andhra Pradesh | [865] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] | [1306] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] |
| 2. | Assam | 575 | 575 |
| 3. | Bihar | 925 | [1925] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] |
| 4. | Gujarat | [5000] [Substituted '3000' by Notification No. G.S.R. 26(E), dated 11.1.2019 (w.e.f. 14.2.1956).] | [2900] [Substituted '1407' by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] |
| 5. | Kerala | [1250] [Substituted '1000' by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | [1250] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] |
| 6. | Madhya Pradesh | 1,125 | [2500] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] |
| 7. | Tamil Nadu | [1700] [Substituted '1360' by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | [2500] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] |
| 8. | Maharashtra | [4200] [Substituted '3700' by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | [1,313] [Substituted by G.S.R. 296(E), dated 19.5.2006 (w.e.f. 19.5.2006).] |
| 9. | Karnataka | [2000] [Substituted '1500' by Notification No. G.S.R. 26(E), dated 11.1.2019 (w.e.f. 14.2.1956).] | [1,013] [Substituted by G.S.R. 686(E), dated 31.10.2007 (w.e.f. 31.10.2007).] |
| 10. | Orissa | 750 | 750 |
| 11. | Punjab | [1300] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | 425 |
| 12. | Rajasthan | [2000] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | [2000] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] |
| 13. | Uttar Pradesh | [2650] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | [2,625] [Substituted by G.S.R. 86(E), dated 14.2.2007 (w.e.f. 15.2.2007).] |
| 14. | West Bengal | 450 | [3625] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] |
| 15. | Jammu & Kashmir | 350 | [1500] [Substituted '525' by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] |
| 16. | Nagaland | 200 | 200 |
| 17. | Haryana | [1500] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | 475 |
| 18. | HimachalPradesh | 300 | [450] [Substituted by G.S.R. 764(E), dated 3.11.2008 (w.e.f. 3.11.2008).] |
| 19. | Manipur | 225 | 225 |
| 20. | Tripura | 100 | 100 |
| 21. | Meghalaya | 175 | 175 |
| 22. | Sikkim | 100 | 100 |
| 23. | Mizoram | 200 | 200 |
| 24. | ArunachalPradesh | 325 | 325 |
| 25. | Goa | 50 | [450] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] |
| 26. | Uttaranchal | 325 | [425] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] |
| 27. | Chhattisgarh | 400 | [1350] [Substituted by Notification No. G.S.R. 429(E), dated 18.4.2016 (w.e.f. 153.2.1956).] |
| 28. | Jharkhand | 450 | 450 |
| 28A. [ [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | Telangana | 800 | 800] |
| 29. | Delhi | [1600] [Substituted '1000' by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | [325] [Substituted by G.S.R. 460(E), dated 25.6.2001 (w.e.f. 26.6.2001).] |
| 30. | AndmanandNicobar Islands | 50 | 50 |
| 31. | Lakshadweep | 25 | 25 |
| 32. | Dadraand Nagar Haveli | 25 | 25 |
| 33. | Daman & Diu | 50 | 50 |
| 34. | [Puducherry [Substituted 'Pondicherry' by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | 150] | 100 |
| 35. | Chandigarh | [200] [Substituted by Notification No. G.S.R. 815(E), dated 23.8.2018 (w.e.f. 14.2.1956).] | 25 |
| 1. Name of the applicant............................................................................ | ||
| 2. Father's/Husband's name...................................................................................... | Photograph | |
| 3. Date of Birth......................................................................................... | ||
| 4. Whether SC/ST/OBC/General.................................................................. | ||
| 5. Address (residence).............................................................................. | ||
| Pin..................................................................................................... | ||
| Telephone/Mobile..............................Fax.................................E-Mail.................................................... | ||
| Address (Office).................................................................................................................... | ||
| Pin........................................Aadhaar No........................................PAN No ..................................................... | ||
| Telephone/Mobile..............................Fax.................................E-Mail..................................................... | ||
| 6. Educational Qualifications (Please upload self-attested scanned copies). | ||
| 7. Enrolment number and date of the Bar Council (Please upload self-attested copy) | ||
| 8.Practisingin............................................................................................................................. | ||
| Civil side............................................................................................................................ | ||
| Criminal side....................................................................................................................... | ||
| Taxation side............................................................................................................................. | ||
| Revenue Courts................................................................................................................... | ||
| 9.Whether income-tax assessee............................................................................................... | ||
| 10. The application of (name of the applicant in block letters) showeth...................................................... |
1. That the applicant 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 applicant practices as an Advocate ......................... (herein state the name of the local area and name of court where he intends to practice as an Advocate)
3. That the number of notaries practicing in the local area is insufficient for the requirements thereof (Statement to be added stating grounds for requirement of more Notaries) .........................
4. That no previous application of the memorialist has been rejected or withdrawn by him, within the preceding six months;
The applicant, 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 practice in ................ (Mention here the name of the local area where he/she intends to practice as Notary).Dated....................day of................20...........................................................Signature of the applicantNote: (1) No hard copies or advance copies of the application in Form I and Form II will be accepted. The following documents shall be submitted at the time of the interview: -| 1. Name of the applicant ............................................................................ | ||
| 2. Father's/Husband's name....................................................................... | Photograph | |
| 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............................................................. |
| 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 practice | Remarks |
1.
.......................................2.
.......................................FORM IV-AFORM OF ACTS OF HONOUR| Amount | Rs.............................................. |
| Natarial charges | Rs.............................................. |
1.
.........................................2.
.........................................1.
......................................2.
......................................FORM VIFORM OF PROMISSORY NOTE OR BILL OF EXCHANGE FOR NON-PAYMENT(See section 8)On the...............day of..........20......I,......(here give the name), a notary appointed under the Notaries Act, 1952, of.......in.........(here state the local area for which the notary has been appointed) in..........at the request of.........(here give the name), of...........did at........in person and having failed to do so, then by registered letter, cause due and customary presentment to be made to and demand payment of the promissory note (or bill of exchange, as the case may be) here to annexed (or "literal transcript whereof, and of everything written or printed) thereon is hereto annexed") from...........(here give the name) the maker of the said promissory note (or drawee, acceptor, of the said bill of exchange, as the case may be), to which demand he made answer"); (state the term of his answer, if any) (or "to which demand he gave answer"); wherefore, I, the said notary, at the request aforesaid by his writing, do in the presence of ........(here give the name), and ...........(here give the name), witnesses protest against the maker of the said promissory note (or the drawer of the said bill of exchange, as the case may be) and all other parties thereto and all others concerned for all exchange, re-exchange, and all costs, damages, and interest present and to come for want of payment of the said promissory note (or bill of exchange, as the case may be).Which I attest................................Signature of NotaryPlace and date.....................Signatures of witnesses(Should be of the locality)1.
........................................2.
........................................FORM VIIFORM PROTEST OF PROMISSORY NOTE OR BILL OF EXCHANGE FOR NON-PAYMENT WHEN THE MAKER, DRAWEE, OR ACCEPTOR (AS THE CASE MAY BE) CANNOT BE FOUND(See section 8)1.
......................2.
......................1.
........................................2.
........................................FORM VIIIFORM OF PROTEST OF BILL OF EXCHANGE FOR BETTER SECURIT(See section 8)On the...........day of.......20........I,.......(here give the name), a notary appointed under the Notaries Act, 1952, of.......in........(here state the local area for which the notary has been appointed) in..........at the request of.........(here give the name), did exhibit the bill of exchange hereto annexed (or "a literal transcript whereof and of everything written or printed therein is hereto annexed") to..........(here give the name), the person on whom the said bill is drawn, and whose acceptance appears thereon, and did demand better security for the payment thereof when the same should become payable in consequence of the said.....(here give the name), having become insolvent (or "his credit having been publicly impeached", as the case may be), to which demand he made answer, (state the terms of the answer if any), (or "to which demand he gave no answer"); wherefore I, the said notary, at the request aforesaid, by this writing, do, in the presence of........(here give the name) and ...........(here give the name), witnesses, protest against the drawer of the said bill of exchange and the acceptor and all other parties thereto, and all others concerned for all exchange, re-exchange, and all costs, damages, and interest present and to come for want of better security for the payment of the said bill when due and payable.Which I attest............................Signature of NotaryPlace and date.............Signature of witnesses(Should be of the locality)1.
.....................................2.
.....................................FORM IXFORM OF PROTEST OF BILL OF EXCHANGE FOR BETTER SECURITY WHEN THE ACCEPTOR CANNOT BE FOUND(See section 8)1.
...................2.
...................1.
..........................................2.
..........................................FORM X(See section 8)FORM OF NOTICE OF PROTEST TO DRAWER TO BE GIVEN BY NOTARYTake notice that a bill of exchange for..........(here state the amount) drawn by you under date the..........on.......and payable at.........has been dishonored by nonacceptance (or non-payment, as the case may be) and protested, and that you will be held liable thereon................................Signature of NotaryPlace and date...............................FORM XIFORM OF NOTICE OF PROTEST TO ENDORSER TO BE GIVEN BY NOTARY(See section 8)Take notice that a bill of exchange for........(here state the amount) drawn by..........and payable at........and bearing your endorsement has been dishonoured by non-acceptance (or non-payment, as the case may be) and protested, and that you will be held liable thereon.....................................Signature of NotaryPlace and Date................FORM XIIFORM OF NOTARIAL ACT OF DECLARATION HAVING BEEN MADE BY A PAYER FOR HONOUR(See section 8)On the..........day of........ 20........I,..........(here give the name), a notary appointed under the Notaries Act, 1952, of.........in...........(here state the local area for which the notary has been appointed) in.........do hereby certify that the bill of exchange hereto annexed (or "a literal transcript whereof and of everything written or printed thereon is hereto annexed")(now protested for non-payment) was this day exhibited to..........(here give the name), of............in the State of............(or to ..........(here give the name), his agent in this behalf, as the case may be), who declared before me that he, the said..............(here give the name), would pay the amount of the said bill under protest for the honour of.............(here inset the name of the party for whose honour the payment is to be made), holding the said........(here insert the name of the party for whose honour the payment is to be made) and the drawer and all other proper persons responsible to him, the said.............(here give the name), for the amount of the said bill and for all proper costs, interest, damages, and expenses; I have, therefore, in the presence of...........(here give the name) and ..............(here give the name), witnesses, granted this Notarial Act of honour accordingly.Which I attest.............................Signature of NotaryPlace and date.............Signature of witnesses(Should be of the locality)1.
..........................................2.
..........................................[FORM XIII [Inserted by S.O. 774, dated 8-3-1957.]FORM OF COMPLAINTBefore the appropriate government under the Notaries Act, 1952Between.........................................................................................................................................................................................................petitionerand...............................................................................................................................................................................................................respondentPetitioner's address...............................................................................................................................................................................................................Respondent's address...........................................................................................................................................................................................................Particulars of complaint in paragraphs consecutively numbered......................................................................................................................................Particulars of evidence oral and documentary, if any, to substantiate the complaint.....................................................................................................VerificationI,..........................................................., the petitioner do hereby declare that what is stated above is true to the best of my information and belief.Verified today the..............................day of.............................20........................at............................................................................Signature][FORM XIV] [Inserted by S.R.O. 1285, dated 20-3-1957]FORM OF RETURN TO BE SUBMITTED BY A NOTARY(See rule 14)1. Name and address of notary...........................................................................................................................................................................................
2. Registration number.........................................................................................................................................................................................................
3. Particulars of notarial acts done during the year ..........................................................................................................................................................
| Type of work | Name of cases | Fee charged | |
| 1. | Noting an instrument | ||
| 2. | Protesting an instrument | ||
| 3. | Recording a declaration of payment for honour. | ||
| 4. | Duplicate protests. | ||
| 5. | Verifying, authenticating, certifying or attesting the execution of any instrument. | ||
| 6. | Presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security. | ||
| 7. | Administering oath to, or taking affidavit from any person. | ||
| 8. | Preparing any instrument intended to take effect in any country or place outsideIndiain such form and language as may conform to the law of the place where such deed is intended to operate. | ||
| 9. | Attesting or authenticating any instrument intended to take effect in any country or place outsideIndiain such form and language as may conform to the law of theplacewhere such deed is intended to operate. | ||
| 10. | Translating and verifying the translation of, any document from one language into another. | ||
| 11. | Other notarial acts. |
| Sl. No. | Date | Name of notarial act | Name of executant or person concerned with full address | Contents of document | Notarialfee stamp affixed | Prescribed fee | Fee charged | Sl. No. of Receipt Book | Signature of person concerned | Signature of notary] |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |