S.1 Short title, extent and commencement

       (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.
        
       —————
        1. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, sec.2 and Sch. (w.e.f. 15-8-1968).
        2. Came into force on 14th February, 1956, vide S.R.O. 317, dated 10th February, 1956 published in the Gazette of India, Extra., Pt. II, Sec. 3, p.179.

S.2 Definitions

       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 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 [XXVI of 1881], 4[***] and is

S.3 Power to appoint notaries

       The Central Government, for the whole or any part of India, and any State Government, for the whole or any part of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed.

S.4 Registers

       (1) The Central Government and every State Government shall maintain, in such form as may be prescribed, a Register of the notaries appointed by that Government and entitled to practise as such under this Act.
       (2) Every such Register shall include the following particulars about the notary whose name is entered therein, namely:—
        (a) his full name, date of birth, residential and professional address;
        (b) the date on which his name is entered in the Register;
        (c) his qualifications; and
        (d) any other particulars which may be prescribed.
       State Amendment
       Gujarat:
    &nb

S.5 Entry of names in the Register and issue or renewal of certificates of practice

       (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 the certificate is issued to him.
       3[(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, renew the certificate of practice of any notary for a period of five years at a time.]
       State Amendment
       Section 5A:
       Maharashtra:
       Aft

S.6 Annual publication of lists of notaries

       The Central Government and every State Government shall, during the month of January each year, publish in the Official Gazette a list of notaries appointed by that Government and in practice at the beginning of that year together with such details pertaining to them as may be prescribed.

S.7 Seal of notaries

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

S.8 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 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 (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

S.9 Bar of practice without certificate

       (1) Subject to the provisions of this section, no person shall practice as a notary or do any notarial act under the official seal of a notary unless he holds a certificate of practice in force issued to him under section 5:
       PROVIDED that nothing in this sub-section shall apply to the presentation of any promissory note, hundi or bill of exchange for acceptance of payment by the clerk of a notary acting on behalf of such notary.
       (2) Nothing contained in sub-section (1) shall, until the expiry of two years from the commencement of this Act, apply to any such person as is referred to in proviso to clause (d) of section 2:
       PROVIDED 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 the State.

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
        (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; 1[or]
        1[(e) is convicted by any court for an offence involving moral turpitude; or
        (f) does not get his certificate of practice renewed.]
&nbs

Legal Commentary on Section 10 of the Notaries Act, 1952

Introduction

Section 10 of the Notaries Act, 1952, governs the circumstances and procedure under which a notary’s name can be removed from the official register maintained by the government. It provides a legal mechanism for disciplinary action against notaries found guilty of misconduct or other disqualifications, ensuring the integrity and trustworthiness of the notarial profession.

What does Section 10 Say?

Section 10 authorizes the government to remove a notary from the register if the notary:- Requests removal (sub-section a)- Fails to pay prescribed fees (sub-section b)- Is an undischarged insolvent (sub-section c)- Is found guilty of professional or other misconduct upon inquiry (sub-section d)- Is convicted of an offence involving moral turpitude (sub-section e)- Does not get his certificate of practice renewed (sub-section f)

The removal process may be initiated either suo motu or on a complaint, following an inquiry in the prescribed manner.

Essential Ingredients

• Grounds for removal: misconduct, insolvency, non-payment of fees, conviction, or request.
• Procedure: An inquiry must be conducted in accordance with the rules, and the notary must be given an opportunity to defend himself.
• Order of removal: Must be issued by the appropriate government, based on the inquiry report.
• Notification: The removal must be notified in the Official Gazette and communicated in writing to the notary.
• Discretion: The government’s decision must be based on an independent opinion after proper inquiry.

Scope of Section 10

Section 10 provides a comprehensive framework for disciplinary action, balancing the authority of the government with procedural safeguards. It covers:- Removal for misconduct or incapacity- Ensuring procedural fairness through inquiry- Protecting the reputation of the profession- Maintaining public confidence in notarial acts- Clarifying that removal is not automatic but requires substantive basis

Punishment for Section 10

The primary punishment under Section 10(d) is removal from the register, which effectively de-registers the notary and bars him from practicing as a notary. The rules further specify that such removal should follow an inquiry, and the notary must be given an opportunity to defend himself.

Notably:

• The penalty of permanent debarment or perpetual removal has been held by courts to be beyond the scope of the statutory power unless expressly provided.
• The rules prescribe other penalties, such as suspension or warnings, which are less severe.

Legal Comments (with references)

• Scope of Discretion - The government’s power to remove a notary is limited to grounds specified in Section 10 and must be exercised after an inquiry; arbitrary removal violates principles of natural justice. [["KARIMBHAI DADAMIYA PIRZADA VS STATE OF GUJARAT"]]
• Procedural Fairness - A full inquiry in accordance with Rule 13 is mandatory before removal; failure to conduct a proper inquiry or provide an opportunity to defend renders the order illegal. [["MOHD. SHARIF ADVOCATE VS DISTRICT JUDGE, MAHOBA"]], ["02500052133"]
• Right to Defense - The notary must be given an adequate opportunity to defend himself, including the right to cross-examine witnesses, unless he waives such rights. [["Uttam Kumar Chakraborty, S/O – Sri Manoranjan Chakraborty VS State of Tripura"]], ["02500052133"]
• Notification of Removal - The removal order must be notified in the Official Gazette and communicated in writing; failure to do so invalidates the order. [["T. D. Panneer Selvam VS Secretary to Government (Law Department) of Tamil Nadu"]], ["Uttam Kumar Chakraborty, S/O – Sri Manoranjan Chakraborty VS State of Tripura"]
• Order Must Be Speaking - The order of removal must be a speaking order, explicitly stating the grounds and findings; non-speaking orders are liable to be quashed. [["Asha Bhansali VS State of Rajasthan"]], ["MOHD. SHARIF ADVOCATE VS DISTRICT JUDGE, MAHOBA"]
• Misconduct Definition - Only acts amounting to professional misconduct or gross negligence, established after proper inquiry, justify removal; mere negligence or procedural lapses are insufficient. [["Asha Bhansali VS State of Rajasthan"]], ["MOHD. SHARIF ADVOCATE VS DISTRICT JUDGE, MAHOBA"]
• Natural Justice Principles - Fair hearing, notice, and opportunity to be heard are integral to lawful exercise of power under Section 10(d). [["SAJJAN KUMAR VS C L VERMA"]], ["Uttam Kumar Chakraborty, S/o Sri Manoranjan Chakraborty VS State of Tripura, represented by the Secretary, Law Department, Government of Tripura"]
• Perpetual Debarment - Courts have held that the rules do not authorize perpetual debarment unless explicitly provided; such penalties are ultra vires. [["02700017257"]], ["MOHD. SHARIF ADVOCATE VS DISTRICT JUDGE, MAHOBA"]
• Inherent Power of Courts - Courts can quash proceedings or orders that violate natural justice or are beyond statutory powers, exercising jurisdiction under Article 226 or 227. [["Asha Bhansali VS State of Rajasthan"]], ["Uttam Kumar Chakraborty, S/O – Sri Manoranjan Chakraborty VS State of Tripura"]
• Role of Inquiry Officer - The inquiry must be conducted by an independent authority, and the notary must be allowed to cross-examine witnesses and examine evidence. [["KARIMBHAI DADAMIYA PIRZADA VS STATE OF GUJARAT"]]
• Order of Removal Must Be Based on Evidence - The order should be based on credible evidence; orders based on unverified or inadmissible evidence are liable to be struck down. [["MOHD. SHARIF ADVOCATE VS DISTRICT JUDGE, MAHOBA"]]
• Appeal and Review - The Act does not specify an automatic appeal; however, courts can intervene if procedural irregularities or illegalities are established. [["F. C. Jain VS State of Chhattisgarh"]]
• Legal Presumption of Genuineness - Documents notarized are presumed genuine if proper procedures are followed; irregularities in procedure undermine such presumption. [["Bhola Ram VS State of Jharkhand"]]
• Misuse of Power - Initiating proceedings without proper inquiry or on extraneous grounds constitutes abuse of power and warrants judicial review. [["SAJJAN KUMAR VS C L VERMA"]]
• Disciplinary Proceedings Must Follow Statutory Rules - The inquiry and disciplinary action must strictly adhere to the rules prescribed under the Act; deviations invalidate the proceedings. [["Uttam Kumar Chakraborty, S/o Sri Manoranjan Chakraborty VS State of Tripura, represented by the Secretary, Law Department, Government of Tripura"]]
• Burden of Proof - The government must establish misconduct through evidence; mere allegations or suspicion are insufficient. [["KARIMBHAI DADAMIYA PIRZADA VS STATE OF GUJARAT"]]
• Protection Against Malafide Action - Courts will strike down orders passed mala fide or with bias, ensuring the integrity of disciplinary proceedings. [["Asha Bhansali VS State of Rajasthan"]]

Conclusion

Section 10 of the Notaries Act, 1952, provides a structured mechanism for removal of notaries from the register, emphasizing procedural fairness, natural justice, and evidence-based decision-making. Courts have consistently held that any order of removal must be a reasoned, speaking order based on credible evidence following a proper inquiry. Arbitrary, unprocedural, or mala fide actions are liable to be quashed, safeguarding the integrity of the notarial profession and protecting individual rights.

Note: The references are drawn from the provided sources, highlighting relevant judgments and legal principles established therein.

S.11 Construction of references to notaries public in other laws

       Any reference to a notary public in any other law shall be construed as a reference to a notary entitled to practise under this Act.

S.12 Penalty for falsely representing to be a notary, etc

       Any person who—
        (a) falsely represents that he is a notary without being appointed as such, or
        (b) practises 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 1[one year], or with fine, or with both.
        
       —————
        1. Subs. by Act 36 of 1999, sec. 6, for “three months” (w.e.f. 17-12-1999).

Concise Legal Commentary on Section 12 of the Notaries Act, 1952

Introduction

Section 12 of the Notaries Act, 1952, prescribes penalties for certain misconducts and false representations related to the practice of notaries. It aims to regulate the integrity and authenticity of notarial acts by penalizing wrongful conduct and ensuring the credibility of notarial functions.

What does Section 12 Say

Section 12 lays down that:- Falsely claiming to be a notary without appointment (Section 12(a)) is punishable.- Practicing as a notary or performing notarial acts in contravention of the Act (Section 12(b)) is punishable with imprisonment up to one year or fine or both.- The section also provides for penalties related to false representations and unauthorized practice.

Essential Ingredients

• Falsely representing oneself as a notary without being duly appointed.
• Performing or attesting documents in contravention of the Act.
• The act must involve either false claim, unauthorized practice, or misconduct.
• Penalties include imprisonment, fine, or both, depending on the nature of the offense.

Scope of Section 12

• Applies to individuals falsely claiming to be a notary.
• Covers acts of practicing without appointment or in violation of the Act.
• Extends to acts such as attesting or certifying documents unlawfully.
• Encompasses misconduct such as attesting forged documents or impersonation.
• The section also interacts with rules governing the conduct and registration of notaries (e.g., Rules 11 and 13 of the Notaries Rules, 1956).

Punishment for Section 12

• Falsely claiming to be a notary: Penalty may extend up to one year of imprisonment or fine or both.
• Practicing without appointment or in violation of the Act: Similar penalties apply.
• Penalties are intended to deter misconduct, uphold the dignity of the profession, and prevent fraudulent practices.

Legal Comments

• Falsification - Section 12(a) penalizes falsely claiming to be a notary without appointment, ensuring only duly appointed persons practice - [Section 12(a)]
• Practicing Unauthorized - Engaging in notarial acts without proper appointment or in violation of the Act attracts criminal penalties—up to one year imprisonment or fine—[Section 12(b)]
• Misconduct - Attesting forged documents or impersonation constitute misconduct punishable under Section 12, reinforcing integrity of notarial acts - [Section 12]
• Interaction with Rules - Rule 13 of the Notaries Rules, 1956, provides procedures for inquiry and discipline, complementing Section 12's penal provisions - [Rule 13]
• Reciprocity and Recognition - Foreign notarial acts are recognized only if supported by notifications under Section 14; otherwise, acts by foreign notaries lack legal presumption—[Section 14]
• Penalties & Procedure - Penalties under Section 12 are criminal in nature, with prosecution requiring complaint by authorized officer, aligning with Section 13's requirement—[Section 13]
• Misuse & Impersonation - Attesting documents falsely or impersonating a notary may lead to criminal prosecution, emphasizing strict vigilance and proper registration—[Section 12]
• Legal Validity of Notarial Acts - Acts performed in violation of Section 12 or Rules may lack legal sanctity, and such acts can be challenged in courts—[Section 8]
• Registration & Removal - Name removal from the register (Section 10) for misconduct does not bar re-application unless permanently debarred; misconduct under Section 12 can lead to removal—[Section 10]
• Natural Justice & Inquiry - Before imposing penalties under Section 12, the notary must be given opportunity to defend, as mandated by Rule 13(12), ensuring fairness—[Rule 13]
• Criminal Offense & Cognizance - Court's cognizance of offences under Section 12 requires complaint by an authorized officer; otherwise, proceedings may be barred—[Section 13]
• Scope of Penalties - The law does not permit perpetual debarment for misconduct under Section 12; penalties are limited to fines and imprisonment—[Section 10]
• Recognition of Foreign Acts - Recognition of foreign notarial acts depends on notifications under Section 14; absence of such recognition renders foreign acts inadmissible—[Section 14]
• Protection & Immunity - Notaries acting in good faith within their official capacity are protected; however, acts involving fraud or impersonation breach this protection—[Section 12]
• Corruption & Moral Turpitude - Misconduct involving dishonesty, forgery, or moral turpitude can lead to criminal penalties under Section 12, ensuring discipline—[Section 12]
• Legal Consequences of Misconduct - Conviction under Section 12 may lead to criminal record, removal from the register, and disqualification from future practice—[Section 12]
• Interaction with IPC - Offences under Section 12 overlap with IPC offences like forgery, cheating, and impersonation, and can lead to concurrent proceedings—[IPC references]
• Compliance & Enforcement - Enforcement of Section 12 requires proper inquiry, complaint, and adherence to procedural safeguards, reflecting the importance of natural justice—[Rule 13]

Note: The above comments synthesize legal principles from the provided sources, emphasizing the scope, essential ingredients, procedural safeguards, and penalties associated with Section 12 of the Notaries Act, 1952.

S.13 Cognizance of offence

       (1) No court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorised by the Central Government or a State Government by general or special order in this behalf.
       (2) No magistrate other than a presidency magistrate or a magistrate of the first class shall try an offence punishable under this Act.

S.14 Reciprocal arrangements for recognition of notarial acts done by foreign notaries

If the Central Government is satisfied that by law or practice of any country or place outside India, the notarial acts done by notaries within India are recognized for all or any limited purposes in that country or place, the Central Government may, by notification in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognized within India for all purposes, or as the case may be, for such limited purposes as may be specified in the notification.

S.15 Power to make rules

       (1) The Central Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
        (a) the qualifications of a notary, the form and manner in which applications for appointment as a notary may be made and the disposal of such applications;
        (b) the certificates, testimonials or proofs as to character, integrity, ability and competence which any person applying for appointment as a notary may be required to furnish;
        1[(c) the fees payable for appointment as a notary and for the issue and renewal of a certificate of practice, area of pra

S.16 Amendment of Act XXVI of 1881

       [Rep. by the Repealing and Amending Act, 1957 (36 of 1957), sec. 2 and Sch.I.]