Notary

Who is a Notary?

The Major Law Lexicon defines a notary as “a public officer whose function it is to attest and certify, by his hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgements of deeds and other conveyances, and certify the same; and to perform certain official acts, chiefly in commercial matters, such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage”.

The essential function of a notary is to “bestow an interest of authenticity upon the acts performed by him.” Courts take notice of the judicial seal of the notary and presume that the document is a true copy since the notary is a “responsible member of the legal profession and is expected to take due care to satisfy himself about the identity of the party appearing before them”.

Official Definition of Notary

Under the Notaries Act of 1952, the central government may appoint notaries throughout India and state governments may appoint them throughout any part of the state. The notary appointed shall be a legal practitioner or other persons who possess the necessary qualifications.

The role of a notary is recognised in other statutes. For instance, under the Registration Act, 1908 mentions that a power of attorney required for the purposes of registration shall be recognised when it has been executed before and authenticated by a Notary. Under the Evidence Act, 1872, (or the Bharatiya Sakshya Sanhita that supercedes it) public documents of any other class in a foreign country can be proved with a certificate under the seal of a Notary Public.

Qualifications for Appointment

These are given under Rule 3, Notaries Rules, 1956. According to this, to be appointed as notary, a person must

1. have been practising as a legal practitioner at least for 10 years (7 years in the case of a woman, or any other person belonging to Scheduled Caste/Scheduled Tribes and other backward classes), or
2. be a member of the Indian Legal Services under the Central Government, or
3. have been, at least for 10 years,
   1. a member of Judicial Service; or
   2. holder of an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate;
   3. holder of an office in the department of Judge Advocate General or in the legal department of the armed forces

Procedure for Appointment

Rule 4(1) of the Notaries Rules provides for the procedure of appointment. 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/she practices as an Advocate.  

Under section 4 of the Notaries Act, The central government and every state government shall maintain a Register of the notaries appointed by that Government and entitled to practise as notaries. Such a register shall include his full name, date of birth, residential and professional address, the date on which his name is entered in the Register, his qualifications and other particulars which may be prescribed.

Inquiry for Professional Misconduct

Rule 13 of The Notaries Rules, 1956 provides for inquiry into alleged professional or other misconduct of a notary. This rule provides for the inquiry to be initiated either suo motu by the appropriate Government or on the basis of the complaint received in Form XIII. The complaint shall comprise of the acts and omissions, which upon being proved, would render the individual complained against unfit to be a notary. The complaint shall also contain oral or documentary evidence supporting the allegation made. The appropriate Government shall send a copy of the complaint to the notary at his address within sixty days ordinarily of the receipt of the complaint. The notary, against whom such inquiry has been initiated, may send a written statement in his defence to the Government within fourteen days of receiving a copy of the complaint. If the Government considers that there is a prima facie case against the concerned notary, the government shall cause an inquiry to be made by the competent authority. If the appropriate Government is of the opinion that there is no prima facie case, then a complaint or charge shall be filed and the complainant and notary concerned shall be informed accordingly. A notary, who is proceeded against, has the right to defend themself either in person or by means of a legal practitioner or any other notary.

Annual Publication of List of Notaries by Central Government and State Governments

Rule 17 of The Notaries Rules, 1956 provides for the annual publication of the list of notaries. This rule stipulates that the list of notaries is to be published by the Central Government and every State Government under section 6 of the Notaries Act,1952.

In compliance with this rule, the list of notaries who have been appointed by the Kerala Government has been published in the Kerala Gazette by the Law Department, Government of Kerala.

Digital Notary

The Department of Legal Affairs, Ministry of Law & Justice provides a digital Notary Portal by means of notary.gov.in. The website provides online services for Central Notaries.

Appearance in Judicial Databases

Ministry of Law and Justice

The Department of Legal Affairs, Ministry of Law and Justice provides a list of notaries across Indian states along with their addresses and relevant details.

Screenshot of the list of notaries from each state and their relevant details uploaded by the Ministry of Law and Justice on its website.