THE NOTARIES ACT, 1952 (53 OF 1952)
THE NOTARIES RULES, 1956
(SRO.324,
dt.14.2.1956)
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).
[1](d)“Schedule”
means the Schedule appended to these rules.
[2][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) 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
(1) A
person may make
an application for appointment as a notary (hereinafter called "the
applicant") in the form of a
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.
(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.
(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.
5. (Omitted)
6. Preliminary action on application
(1) The competent authority
shall examine every application
received by him and, if he is
satisfied that the applicant does not possess the qualifications specified in
rule 3, or that any previous application for the applicant for
appointment as a notary was rejected within
six months before the date of the application, shall reject it and
inform the applicant accordingly.
(2) If the competent authority
does not reject the application under sub-rule(1),-
(a) [3](***)
(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
(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 either that the
application may be allowed
for the whole or any part of the area to which the
application relates or that it may be rejected.
(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.)
8. Appointment of a notary
(1) On receipt of the report
of the competent authority, the appropriate government shall consider the
report 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 costs of the
application including the cost of hearing, if any, shall be borne.
(2) An applicant shall be
informed of every order passed
by the appropriate government under sub-rule(1).
(3) An applicant whose
application has been
rejected or allowed in respect of only a part of the area to which
it relates or against whom an order
as to costs 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.
(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 [[4]]five
years from the date on which
the certificate is issued to him.
[[5]](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.
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.;
(5) The Register of
Notaries shall be in Form IIA
and the certificate of practice shall be in Form IIB.
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 [6][five
years] specified in rule 8(4).
[7][9. Fees for issue and renewal of
certificate of practice and extension of area
The
fee for the 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.]
[8][10. Fees payable to a notary for doing any
notarial act
[9](1) Every
notary may charge
fees not exceeding the rates mentioned below,
namely,-
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(a) for noting an
instrument - |
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if the amount of the
instrument does not exceed rupees
10,000 |
Rs.35/- |
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if it exceeds rupees
10,000 but does not exceed rupees 25,000 |
Rs.75/- |
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if it exceeds rupees
25,000 but does not exceed rupees
50,000 |
Rs.110/- |
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if it exceeds rupees
50,000
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Rs.150/- |
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(b) for protesting an
instrument - |
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if the amount of the instrument does not
exceed rupees 10,000 |
Rs.35/- |
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if it exceeds rupees
10,000 but does not exceed rupees
25,000 |
Rs.75/- |
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if it exceeds rupees 25,000 but does not
exceed rupees 1,00,000 |
Rs.110/- |
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if it exceeds rupees
1,00,000 |
Rs.150/- |
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(c) for recording a declaration of payment for
honour |
Rs.75/- |
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(d) duplicate protests |
half the charge for
original |
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(e) for verifying,
authenticating, certifying or attesting the execution of any instrument |
Rs.15/- |
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(f) for
presenting any promissory note, hundi or bill of
exchange for acceptance or payment or demanding better security |
Rs.35/- |
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(g) for administering
oath to, or taking affidavit from
any person |
Rs.15/- |
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(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/- |
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(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/- |
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(j) for
translating and verifying
the translation of any
document form one language to another |
Rs.75/- |
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(k) for noting and drawing
up ship's protest, boat protest or protest relating to demurrage and other
commercial matters |
Rs.150/- |
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(l) for
certifying copies of document
as true copies of the original |
Rs.5/- per page minimum
Rs. 10/- |
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(m) for any other
notarial act |
such sum as the
appropriate government may fix from time to time. |
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(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 kilometer.
11. Transaction of business by a notary
A notary in transacting the
business under the Act shall use the forms set forth in the Appendix to
these rules.
(2) Besides recording declaration
of payment for
honour a notary shall also
register noting 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
appoints in this behalf to inspect his register at such times, not
other 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 (XXVI 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 charges realised
by him and maintain a register showing all the fees and charges realised.
[10][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.]
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.
(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
time 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.
(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.
(5) 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 the
written statement, if any,
of the notary concerned and other
relevant documents and
papers, the appropriate government
considers 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, the complaint or charge
shall be filed and
the complainant and the notary concerned shall be informed
accordingly.
[11][(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 dispatch, 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.
(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 are a mentioned in the certificate
issued to him under rule 8 and he shall exhibit it in a inconspicuous place thereat a board showing his name
and 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:
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Sl.No. |
Name of Notary |
Residential and professional address |
Qualifications |
Area in which he is authorized to practise. |
Remarks |
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[12]THE
SCHEDULE
[See
rule 8(4A) ]
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Name
of State/Union
territory (1) 1.
Andhra Pradesh. 2.
Assam 3.
Bihar 4.
Gujrat 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. Andman
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) 575 575 925 625 375 1,125 725 875 675 750 425 800 1,750 450 350 200 475 300 225 100 175 100 200 325 50 325 400 450 *325 50 25 25 50 100 25 |
Maximum number of notaries to be appointed by State
Government or Union territory Administration. (3) 575 575 925 625 375 1,125 725 875 675 750 425 800 1,750 450 350 200 475 300 225 100 175 100 200 325 50 325 400 450 325 50 25 25 50 100 25 |
*Substituted by GSR 460(E) dt. 26.6.2001
[13][FORM
I
MEMORIAL
(Rule
4(2))
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PHOTOGRAPH |
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(Please attach photocopies )
______________________________________________________________
7. Enrolment (number &
date)___________________________________(Please attach 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
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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.
(FORM
II)
(Rule
4(2))
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PHOTOGRAPH |
1.Name_______________________ __________
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 practice as
Notary _________________________________________________________
Dated_____________
day of ____________ 20_____________
Signature
of the applicant
Note: Necessary proofs 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 at least for ten
years;
i) been 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."
FORM
IIA
REGISTER
OF NOTARIES
(Rule 8(5))
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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 |
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FORM
IIB
CERTIFICATE
OF PRACTICE
(Rule 8(5))
GOVERNMENT
OF ............
(Emblem)
Certified
that....................son/daughter/wife...................of.......
........................resident
of .........has been appointed
as a notary under the Notaries Act, 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.............
Secretary
of the Government of India
Government
of...................
(Name of the State)
FORM
III
NOTING
FOR DISHONOUR
(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
NOTING
FOR DISHONOUR
(Section
8)
(To be
entered in the Notarial Register)
(Copy of the
bill and endorsements)
On the
...............day
of..............19.....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).
FORM
IV
PROTEST OF BILL OF EXCHANGE FOR
NON-ACCEPTANCE
(Section
8)
On the ...................day
of..........20....I,..........………………………….....(here give the name),
notary appointed under the
Notaries Act, 1952
(53 of 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 did demand acceptance
of the bill of exchange hereto annexed) or "a
literal transcript where of and of everything written or printed thereon is hereto
annexed") from .........(here give the
name), the person upon whom the said bill is drawn, to which demand he
made answer (state terms of 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 the drawer of the said bill
of exchange and all other parties thereto
and all others concerned
for all exchange,
re-exchange 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 acceptance of the said bill.
Which
I attest
Signature
of Notary
Place
and date............
Signature
of witnesses
(Should be of the locality)
1....................
2....................
FORM IVA
ACTS
OF HONOUR
(A) Act of honour on acceptance.
(To be written at the foot of the protest).
Afterwards appeared
before me, the said
notary, on the.............day
of.........19........(here give the
name), and declared that
he would accept the bill of
exchange before protested under
protest for the
honour and upon
the account of .............(here give
the name), the second endorser on the said bill.
Holding the
second endorser and all others
concerned always bound and obliged to indemnify him, the said appearer, for
his said acceptance and in case of payment of by him, for his
reimbursement in due form of law and according to custom.
Which
I attest
Signature
of Notary
Place
and date..............
(b) Act of honour on payment. (To be written at the
foot of the protest).
Afterwards appeared
before me, the
said notary, on the..........day of.............20......... (here give the
name), and declared that he would pay the bill of exchange before protested
under protest for the honour and upon the account of.............(here give the name), the endorser on the said
bill.
Holding the
said endorser and
all others concerned always bound and obliged for reimbursement in due
form of law and according to custom.
Amount Rs...........
Notarial
charges Rs............
Which
I attest
Signature
of Notary
Place
and Date.........
Received this.........day of.......20......, from
(here given the name), the sum of Rs........., the amount of the
said bill and notarial charges thereon.
Signature
of Notary
FORM
V
PROTEST OF BILL OF EXCHANGE FOR
NON-ACCEPTANCE
WHEN THE DRAWEE CANNOT BE FOUND
(Section
8)
(a) Where search was made by
notary in person.
On the .........day of.......20......., I
(here give the name), a notary
appointed under the Notaries Act, 1952 (53 of 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 in
person make due
search at............for...............(here give the name),
in order to present to and
demand from him acceptance of the
bill of exchange hereto annexed (or "a literal
transcript whereof and
of everything written or printed
thereon is hereto annexed") which is drawn upon the said........(here give
the name), but
was unable to
find him; 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 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 acceptance of the said bill.
Which I
attest
Signature
of Notary
Place
and date................
Signature
of witnesses
(Should
be of the locality)
1...............
2...............
(b) Where registered letter was
sent to the drawee.
On the..............day
of.........20.......I, ..........(here give the name), a notary appointed under
the Notaries Act, 1952 (53 of 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
send by post
a registered letter addressed to............(here
give the name) at.........where in I enclosed and
demanded from him acceptance of the
bill of exchange thereto annexed (or "a literal transcript whereof and of
everything written or printed thereon is hereto annexed") which is drawn
upon the said.............(here give the name)
but the letter
was returned undelivered because
the said.........(here give the name) could not be found; 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 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 acceptance
of the said bill.
Which
I attest
Signature
of Notary
Place
and date............
Signature
of witnesses
(Should be of the locality)
1.....................
2.....................
FORM
VI
PROTEST
OF PROMISSORY NOTE OR BILL OF EXCHANGE
FOR
NON-PAYMENT
(Section
8)
On the...............day
of................20......I,
(here give the name), a notary appointed under the Notaries Act, 1952
(53 of 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 Notary
Place
and date............
Signatures
of witnesses
(Should
be of the locality)
1..............
2...............
FORM
VII
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
(Section
8)
(a) Where search was made by
notary in person.
On
the..............day of........20.......I, .....(here give the name) a
notary appointed under
the Notaries Act, 1952 (53 of 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 in person make
due search
at..........for..........(here
give the name), the maker (or
drawee, or acceptor, as the case may be) in order to present to and demand
from him payment of the
promissory note (or bill of exchange, as the case may be ) hereto annexed (or
"a literal transcript whereof
and of
everything written or printed thereon is hereto annexed") but was
unable to find him 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
maker of the said promissory note (or drawer of 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, the 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 Notary
Place
and date..............
Signature
of witnesses
(Should
be of the locality)
1.......................
2.......................
(b) Where registered letter
was sent to the maker, drawee or acceptor.
On the............day
of........20........I,..........(here give the name) a notary appointed under the Notaries Act, 1952 (53 of
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 sent by post a
registered letter
addressed
to..........(here give the
name) at........the maker or drawee, acceptor, as the case may be), wherein I
enclosed and demanded from him payment of the promissory
note (or bill of exchange as the case may be), hereto annexed (or
"a literal transcript whereof
and of everything written or printed thereon is hereto annexed"),
but the letter was returned undelivered because the said........(here give the name), could not be found;
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 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 other 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 Notary
Place
and date..........
Signature
of witnesses
(Should
be of the locality
1.................
2..................
FORM
VIII
PROTEST
OF BILL OF EXCHANGE FOR BETTER SECURIT
(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 Notary
Place
and date.............
Signature
of witnesses
(Should
be of the locality)
1..................
2...................
FORM
IX
PROTEST
OF BILL OF EXCHANGE FOR BETTER SECURITY WHEN THE ACCEPTOR CANNOT BE FOUND
(Section
8)
(a) Where such protest was made
by notary in person.
On the...........day of.........20.......I,.......(here give the
name), a notary
appointed under the Notaries
Act, 1952 (53 of 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 not in person make due
search at...........for..........(here give
the name) in order to exhibit the bill of exchange
hereto annexed ("or a literal
transcript whereof and of
everything written or
printed thereon is hereto annexed") to the
said.......(here give the name) the
person on whom the
said bill is
drawn, and whose acceptance
appears thereon, and demand better security for the payment thereof, when
the same should become payable in
consequence of his having become insolvent (or "his credit having been
publicity impeached", as the case may be), but was unable to find
him; 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 said
bill of exchange and the acceptor and all other parties thereto
and all other
concerned for all
exchange, re-exchange, and
all costs, damages, and interest
present and to come or want of better security for the payment of the said
bill when due and payable.
Which
I attest
Signature
of Notary
Place
and date.............
Signature
of witnesses
(Should
be of the locality)
1....................
2....................
(b) Where registered letter was
sent to the acceptor.
On the............day of............20.......I,.........(here
give the name) a notary appointed under
the Notaries Act, 1952 (53 of 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 send by post
a registered letter
address to.......... (here give
the name), at........wherein I enclosed the bill of exchange hereto annexed (or "a
literal transcript whereof and of everything
written or printed
thereon is hereto annexed"), and did the such letter demand from the
said.........(here give the name), the person on whom the said bill is drawn
and whose acceptance appears
thereon, better security for the
payment thereof when the same should become
payable in consequence
of his having become insolvent (or "his credit having been publicly
impeached", as the case may be), but the said letter was returned
undelivered because the said............(here give the name) could not be
found; 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 Notary
Place
and date.............
Signature
of witnesses
(Should be of the locality)
1....................
2....................
FORM
X
NOTICE OF PROTEST TO DRAWER TO
BE GIVEN BY NOTARY
(Section
8)
Take 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 nonpayment,
as the case may be) and protested, and that you will be held liable thereon.
Signature
of Notary
Place
and date.............
FORM
XI
NOTICE OF PROTEST TO ENDORSER TO
BE GIVEN BY NOTARY
(Section
8)
Take
notice that a bill of exchange for........(here state the amount) drawn
by ............under date
the .........on.......and payable at.........and bearing your
endorsement has been dishonored by non-acceptance (or non-payment, as the case may be) and
protested, and that you will be held liable thereon.
Signature
of Notary
Place and
Date.............
FORM
XII
NOTARIAL
ACT OF DECLARATION HAVING BEEN MADE
BY
A PAYER FOR HONOUR
(Section
8)
On
the..........day of........ 20........I,..........(here give the name), a
notary appointed under the
Notaries Act, 1952
(53 of 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 Notary
Place
and date.............
Signature
of witnesses
(Should
be of the locality)
1...................
2...................
FORM
XIII
COMPLAINT
Before the
appropriate government under the Notaries Act, 1952(53 of
1952)
Between.................................................petitioner
and.....................................................respondent
Petitioner's
address:
Respondent's
address:
Particulars
of complaint in
paragraphs
consecutively numbered.....................................
Particulars
of evidence oral and documentary, if any, to substantiate the
complaint.................................
Verification
I,..............,
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
RETURN
TO BE SUBMITTED BY A NOTARY
(Rule
13(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 outside India in 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 outside India in such form and
language as may conform to the law of the
place where such deed is intended to operate.
10. Translating and verifying the translation of, any document
from one language into another.
11.
Other notarial acts.
Signature of Notary
Date
and place............
FORM XV
NOTARIAL
REGISTER
(Rule
11(2))
|
Sl.No |
Date |
Name
of notarial act
|
Name
of executant or
person concerned with full address |
Contentns of document |
Notarial fee stamp affixed |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
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|
|
|
|
|
prescribed fee |
Fee charged |
Sl.No. of receipt book |
Signature of person concerned |
Signature of notary |
|
7 |
8 |
9 |
10 |
11 |
|
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