Central Information Commission
Mrs R Gangurde vs Ministry Of Law & Justice on 12 June, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2015/000081
(Video Conference - Mumbai)
S.R.Gangurde Vs. Department of Legal Affairs
Important Dates and time taken:
RTI:131014/101114(28) FA:22112014 Hearing:08062015
Second appeal: 30122014 Disposed of with directions Decision: 12062015
Parties Present:
1. Both the parties are not present.
FACTS:
2. Appellant through his RTI application had sought for copies of notary applications of Mr Narender Singh, Mr R M Rajbhar, Mr Kiran B Rajbhar, Mr Deepak S Paikrao, Mr Dilip N Salve, Miss Prachi N Shah. PIO replied on 10.11.2014 stating that the information was denied being the third party information under section 11 of the RTI Act. However, he stated that letters were written to the above mentioned persons for their no objection for providing the documents. Being unsatisfied, appellant filed first appeal. FAA by his order CIC/SA/A/2015/000081 Page 1 dated 12.12.2014 disposed of the appeal stating that the PIO may examine the responses received and thereafter provide the information as may permissible under the RTI Act. Being unsatisfied, appellant approached Commission. DECISION:
3. Both the parties are not present. The Commission has perused the record available on the file. It is relevant to know the functions and responsibilities of a Notary, which are extracted from Notaries Act, 1952, and rules: Section 8 of Notaries Act, 1952: "Functions of notaries. (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 nonacceptance or nonpayment 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 (XXVI 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 entitled to operate;
(h) translate, and verify the translation of, any document, from one language into another;
[(ha) act as a Commissioner to record evidence in any civil or criminal trial if 1 so directed by any court or authority;] [(hb) act as an arbitrator, mediator or conciliator, if so required;] 1 any other act which may be prescribed."
S. 10. Removal of names from Register. The Government appointing any notary may, by order, remove from the register maintained by it under section 4 the name of the notary if he
(a) makes a request to that effect; or
(b) has not paid any prescribed fee required to be paid by him; or
(c) is an undischarged insolvent; or CIC/SA/A/2015/000081 Page 2
(d) has been found, upon inquiry in the prescribed manner, to be guilty of such professional or other misconduct as, in the opinion of the Government, renders him unfit to practise as a notary; 2[or]
(e) is convicted by any court for an offence involving moral turpitude; or
(f) does not get his certificate of practice renewed.
12. Penalty for falsely representing to a be a notary, etc. - Any person who -
(a)falsely represents that he is a notary without being appointed as such, or
(b)practices as a notary or does any notarial act in contravention of section 9, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
4. The Notaries (Amendment) Rules, 2009, prescribed various norms for appointment of Notaries:
Rule 4 (1) a person may make an application for appointment as a notary, through the concerned 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.";
"Rule 6 (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.";
Rule 7 (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 subrule (2) of Rule 6, make a report to the appropriate Government recommending that the applicant may be allowed to appear before the Interview Board.";
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) For the said purpose, a three members Interview Board shall be constituted by the appropriate Government from amongst its officers dealing with legal matters. The Chairperson of the Interview Board shall not be an officer below the rank of Joint Secretary of that Government.
CIC/SA/A/2015/000081 Page 3
5. Above rules suggest a foolproof system to filter at the entry level, which needs to be strictly followed and the same should be recorded and placed in public domain, so that people who use services of notaries know the quality and efficiency or deficiency of services from them.
6. In one of the complaint this Commission adjudicated, it was complained that the Notary Public referred in his RTI application expired in 2006, but still they are finding some documents attested by that Notary with back date prior to 2006 with different signatures.
The appellant wanted to know the specimen signature of that Notary Advocate to compare and challenge the genuineness of documents bearing different signatures. It was not supplied by the Public Authority. The appellant further submitted that in the absence of specimen signature of that Notary, it is not possible to make out real and authenticated certificates. He sought to know the date of the renewal of his Notary licence along with specimen signature and other related details. He also wanted to have a copy of his original application.
7. The Commission notices that there is an increased flow of complaints against notaries all over the country. As told by the respondent officer, there are at least 510 complaints per month regularly received by him against the notaries. The Department is not in a position to dispose of the complaints against notaries promptly. The Commission was told by the Public Authority that there are about 50 complaints against the notaries, which are pending in the department now and the same could not decided because of shortage of staff.
8. The Commission also finds that some of the complaints against some notaries are very serious like they are handinglove with land mafia and exorbitantly charging for attestation and operating through proxy, not personally verifying the genuineness of documents and statements they are attesting etc. Any delay in the disposal of the complaints might result in authentication of undeserving documents and statements by the Notaries which might lead to several scams and serious injustice to many persons.
CIC/SA/A/2015/000081 Page 4
9. The Commission, therefore, requires the Public Authority to put in place a transparent mechanism for selection and appointment of genuine, honest and eligible advocates as Notaries, and ensure prompt hearing of complaints against the notaries followed by action including suspension or removal of notaries if allegations are proved, and scandals are prevented. There is also a strong need to rationalise the fees charged by the notaries.
10. The Commission directs the respondent authority to furnish copies of applications of the persons mentioned in the RTI application to the appellant after blocking the personal information such as mobile numbers and the addresses in the said applications, within 20 days from the date of receipt of this order.
11. The Commission finds that there is no mechanism in public authority to maintain a parallel register/record about certifications and attestations by notary public, because of which they have to depend totally on the register maintained by the notary only. The Commission directs the respondent authority to consider putting in place an alternative and report this Commission through its PIO, within a month from date of receipt of this order.
12. The Commission advises the Public Authority to put in place a mechanism to receive, hear and finalise the complaints on line about functioning of Notaries in India, so that scandals and injustice is prevented. The Commission advises the Public Authority to publish the names of notaries removed on the proven charges of misconduct, so that the people know whether a particular notary was on rolls or not.
13. The appeal is disposed of accordingly.
(M Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Address of parties CIC/SA/A/2015/000081 Page 5
1. The PIO under the RTI Act, Govt. of India Department of Legal Affairs, Notary Cell, RTI Shastri Bhavan, New Delhi110001
2. Shri S.R.Gangurde, Building No.418, Flat No.213, BWing, 2nd Floor, Tagore Garden No.1, Above Punjab & Maharashtra Bank, Vikroli (East) MUMBAI - 400083 COPY TO:
The Secretary to Government of India Department of Legal Affairs Shastri Bhavan, New Delhi110001 CIC/SA/A/2015/000081 Page 6