Introduction: The Ministry of Law and Justice, through a recent notification (G.S.R. 132(E)), has introduced significant amendments to the Notaries Rules, 1956. Dated 24th February 2024, these changes, encapsulated in the Notaries (Amendment) Rules, 2024, aim to refine the process of notary appointments and associated regulations.
Detailed Analysis:
1. Rule Renaming and Expansion (Rule 7A): The amendment modifies Rule 7A, expanding the list of officials involved in the interview board. The inclusion of Deputy Legislative Counsel and Deputy Government Advocate broadens the selection process.
2. Quota Enhancement (Rule 8): Rule 8 witnesses changes related to the maximum number of notaries. The amendment replaces the term “enhancement of quota” with “enhancement of the maximum number of notaries.” This adjustment aims to provide clarity in the rules.
3. Alterations in Certificate Renewal (Rule 8B): Rule 8B introduces provisions for the renewal of the certificate of practice. Noteworthy changes include the option to submit renewal applications in physical form. The rule acknowledges applications received physically before the amendment’s commencement, ensuring a smooth transition.
4. Shift from Extension to Change (Rule 8A and Rule 9): Rule 8A witnesses a semantic shift as the term “extension” is replaced with “change” in both the heading and the content. This change implies a broader scope, possibly encompassing modifications beyond mere extensions.
5. Government Terminology Standardization (Rule 11): Rule 11 brings standardization by replacing “State Government” with “appropriate government.” This alteration aligns the language with the diverse administrative structures involved in notary appointments.
6. Quota Adjustments (Schedule): The Schedule undergoes state-wise adjustments in the maximum number of notaries. This includes changes for states like Andhra Pradesh, Assam, Gujarat, Maharashtra, and others. The amendments reflect an effort to align quotas with current requirements.
Conclusion: The Notaries (Amendment) Rules, 2024, introduced by the Ministry of Law and Justice, mark a pivotal moment in refining notary appointments and regulations. From expanding the interview board to adjusting state-wise quotas, these amendments reflect a commitment to streamlining processes and ensuring relevance in the contemporary legal landscape.
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MINISTRY OF LAW AND JUSTICE
(Department of Legal Affairs)
NOTIFICATION
New Delhi, the 24th February, 2024
G.S.R. 132(E).—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 further to amend the Notaries Rules, 1956, namely:—
1. (1) These rules may be called the Notaries (Amendment) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Notaries Rules, 1956 (hereinafter referred to as the said rules), in rule 7A, in sub-rule (2),
(i) for the words “Deputy Legal Adviser or Law Officer”, the words “Deputy Legal Adviser or Deputy Legislative Counsel or Deputy Government Advocate or Law Officer” shall be substituted;
(ii) in the proviso, for the words “Provided that” the following shall be substituted, namely : —
“Provided that the Interview Board under this sub-rule may consist of a single member or more than one member;
Provided further that”;
3. In rule 8 of the said rules, in sub-rule (4A), under the third proviso, for the words “enhancement of quota” the words “enhancement of maximum number of notaries under column (3) of the Schedule” shall be substituted.
4. In rule 8A of the said rules,
(i) in the marginal heading for the word “extension”, the word “change” shall be substituted.
(ii) For the word “extension” wherever it occurs, the word “change” shall be substituted.
5. In rule 8B of the said rules, after the second proviso, the following proviso shall be inserted, namely:—
“Provided also that the application for renewal of certificate of practice may be made in physical form;
Provided also that the applications received in physical form before the commencement of the Notaries (Amendment) Rules, 2024 may also be considered by the appropriate government for the purpose of renewal of the Certificate of Practice of the existing notaries.”;
6. In rule 9 of the said rules, for the word “extension” wherever it occurs, the word “change” shall be substituted.
7. In rule 11 of the said rules, in sub-rule (5), for the words “State Government”, the words “appropriate government” shall be substituted.
8. In the Schedule to the said rules,—
(i) against serial number 1 relating to Andhra Pradesh, in column (2), for the figures “1700”, the figures “3000” shall be substituted;
(ii) against serial number 2 relating to Assam, in column (2), for the figures “575”, the figures “1000” shall be substituted;
(iii) against serial number 3 relating to Bihar, in column (2), for the figures “925”, the figures “2000” shall be substituted;
(iv) against serial number 4 relating to Gujarat in column (2), for the figures “8000”, the figures “12000” shall be substituted;
(v) against serial number 5 relating to Kerala, in column (2), for the figures “1750”, the figures “3500” shall be substituted;
(vi)against serial number 6 relating to Madhya Pradesh, in column (2), for the figures “1650”, the figures “4000” shall be substituted;
(vii) against serial number 7 relating to Tamil Nadu, in column (2), for the figures “4700”, the figures “9000” shall be substituted;
(viii) against serial number 8 relating to Maharashtra, in column (2), for the figures “8000” the figures “20000”, shall be substituted;
(ix) against serial number 9 relating to Karnataka, in column (2), for the figures “3500”, the figures “7000” shall be substituted;
(x) against serial number 10 relating to Orissa, the word “Orissa” in column (1) shall be substituted with the word “Odisha” and in column (2), for the figures “750”, the figures “2000” shall be substituted;
(xi) against serial number 11 relating to Punjab, in column (2), for the figures “2000”, the figures “3500” shall be substituted;
(xii) against serial number 12 relating to Rajasthan, in column (2), for the figures “4500”, the figures “7000” shall be substituted;
(xiii) against serial number 13 relating to Uttar Pradesh, in column (2), for the figures “5150”, the figures “14000” shall be substituted;
(xiv) against serial number 14 relating to West Bengal, in column (2), for the figures “600”, the figures “2000” shall be substituted;
(xv) against serial number 15 relating to Jammu & Kashmir, in column (2), for the figures “350”, the figures “500” shall be substituted;
(xvi) against serial number 17 relating to Haryana, in column (2), for the figures “2000”, the figures “3500” shall be substituted;
(xvii) against serial number 18 relating to Himachal Pradesh, in column (2), for the figures “400”, the figures “800” shall be substituted;
(xviii) against serial number 25 relating to Goa, in column (2), for the figures “150”, the figures “350” shall be substituted;
(xix) against serial number 26 relating to Uttaranchal, the word ‘Uttaranchal’ in column (1) shall be substituted with the word ‘Uttarakhand’ and in column (2), for the figures “325”, the figures “400” shall be substituted;
(xx) against serial number 27 relating to Chhattisgarh, in column (2), for the figures “900”, the figures “2000” shall be substituted;
(xxi) against serial number 28 relating to Jharkhand, in column (2), for the figures “450”, the figures “1000” shall be substituted;
(xxii) against serial number 28A relating to Telangana, in column (2), for the figures “1000”, the figures “2000” shall be substituted;
(xxiii) against serial number 29 relating to Delhi in column (2), for the figures “1600”, the figures “2400” shall be substituted;
9. For ‘Form-I’ and Form-II of the said rules, the following Forms shall respectively be substituted, namely:—
