Notary act 1952

Words 'or by Master of Faculties in England' omitted, Act 25 of This clause has been inserted to achieve this object. For the meaning of 'protest', see Negotiable Instruments Act, 26 of , section 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.

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If the appropriate Government is of the opinion that there is no prima facie case against the notary. Government is of the opinion that nofary should be taken against the Notary the appropriate Government may make an order. II, section 3, p.

Notaries Act Complete Act - Citation - Bare Act | LegalCrystal

The object of the present Bill is to empower the Central and State Governments to appoint notaries, not only for the limited purposes of the Negotiable Instruments Act, but generally for all recognised notarial notzry, and to regulate the profession of such notaries. Each notary shall have an office within the area mentioned in the certificate issued to him underrule 8and he shall exhibit it in a conspicuous place there at a board showing his name and his designation as a Notary.

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

Provided further that if in a State or Union territory the number of notaries appointed before the ninth day of May, 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.

Inserted by Act 25 ofsection notaty and Schedule Substituted for 'any part of India', Act 25 of Such certificate shall be signed and dated by the notary. 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 motary unserved within a period of thirty days from the date of its despatch, the notice shall be deemed to have been duly served upon the notary.

December 20, Published in Received the assent of the President on the 17th December, and was published in the Gazette of India, Extra. Provided that, before passing any order as aforesaid, the State Government of Maharashtra shall make such inquiry as it deems necessary, and give an opportunity to the person concerned to make his representation, if notsry.

II,section 2, page 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.

In all cases where the original certificate of practise had been issued by the Central Government, the application for extension of the area of practise shall be made to the Central Government.

The Central Government, for the whole or any part of India, and any State Government, for the whole or any pan of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications12as may be prescribed.

For the Notaries Rules.

If the Central Government is satisfied that by the law or practice of any country or place outside- India, the notarial acts done by notaries within India are recognised for all or any limited purposes in that country or place, the Central Government may, by notification' in the Official Gazette21, declare that the notarial acts lawfully done notarry notaries within such country or place shall be recognised within India for all purposes or, as the case may be, for such limited purposes as may be specified in the notification.

II, section 3 iiExt. Substituted for "three years ", vide 36 OfDt.

Be it enacted by Parliament as follows: Any extension of the area of practise shall not have the effect of extending avt period of validity of the original certificate beyond the period of five years specified inRule 8 4 ]. RULE 16 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.

A Notary in transacting the business under the Act shall use the forms set forth in the Appendix to these rules. Substituted for "shall", vide 36 OfDt. For such notification regarding: If the appropriate Government is of the opinion that there is no prima facie nnotary against the notary concerned,31[the complaint or charge shall be filed] and the complainant and the Notary concerned shall be informed accordingly.

Substituted for "three months", vide 36 OfDt. Provided that nothing in this sub-section shall apply to the presentation of any promissory note, hundi or bill of exchange for acceptance or payment by the clerk of a notary acting on behalf of such notary.

The Act notar into force onsee S. For the extension and enforcement of these rules in Sikkim on See S. Annual publication of the list of Notaries. The Central Government and every State Government shall, during the month zct 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.

District Judge or Officers appointed by the State Government will have power to lodge a report to the appropriate Government for taking action against a Notary. 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 thoughts on “Notary act 1952

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