Notaries (Third Amendment) Rules, 2019

MINISTRY OF LAW AND JUSTICE
(Department of Legal Affairs)
NOTIFICATION
New Delhi, the 5th November, 2019

G.S.R. 821(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 (Third Amendment) Rules, 2019.

(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 4, for sub-rule(1), the following shall be substituted, namely:—

“(1) A person may make an application for appointment as a notary (hereinafter called “the applicant”) online in Form I or Form II as applicable, 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”.

3. In the said rules, in rule 4, sub-rule (2A) and (3) shall be omitted.

4. In the said rules, for rule 8B, the following shall be substituted, namely:—

“8B. Renewal of Certificate of Practice.- The Certificate of Practice issued under sub-rule (4) of rule 8 may be renewed for a further period of five years on payment of prescribed fee. An application for renewal of Certificate of Practice shall be submitted online in Form XVI to the appropriate Government before (six months) from the date of expiry of its period of validity.”.

5. In the said rules, for rule 14, the following shall be substituted, namely:—

“14. Submission of returns.—Every notary shall, in the first week of January every year, submit to the appropriate Government, an annual return online in Form XIV of the notarial acts done by him during the preceding year”.

6. In the said rules, for Form I, the following shall be substituted, namely:—

FORM I
[See rule 4 (2)]

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/Mobile………… Fax………….. E-Mail…………….

Address (official)……………………..

Pin………… Aadhaar No……….. PAN No…………………..

Telephone/Mobile………… Fax………….. E-Mail…………….

6. Educational Qualifications (Please upload self-attested scanned copies).

7. Enrollment number and date of the Bar Council (Please upload self-attested copy)

8. Practicing in……………………………………………………………..

Civil side…………………………………………………………………

Criminal side………………………………………………………….

Taxation side………………………………………………………….

Revenue Courts…………………………………………………..

9. Whether Income-tax ssesse…………………………………….

10. The application of (name of the applicant in block letters)

showeth………………………………………

1. That the applicant 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 applicant practices as an Advocate…………………………………….. (herein state the name of the local area
and name of court where he intends to practice as an Advocate)

3. That the number of notaries practicing in the local area is insufficient for the requirements thereof (Statement to be added stating grounds for requirement of more Notaries)………………………………….

4. That no previous application of the memorialist has been rejected or withdrawn by him, within the preceding six months;

The applicant, 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 practice in…………… (Mention here the name of the local area where he/she intends to practice as Notary).

Dated………………….. day of……….. 20…………….

.………………………
Signature of the applicant

Note : (1) No hard copies or advance copies of the application in Form I and Form II will be accepted. The following documents shall be submitted at the time of the interview:-

(i) Proof pertaining to date of birth, copy of Aadhaar and PAN Card (self-attested)

(ii) Copy of Graduation Degree. (Self-attested).

(iii) Copy of Law Degree. (Self-attested).

(iv) Copy of Certificate of enrolment issued by the Bar Council concerned (self-attested).

(v) No Objection Certificate issued by the Bar Council concerned State need to be submitted on selection as notary.

(vi) Experience certificate from the concerned District Judge or Presiding Officer of the court or Tribunal where the applicant practices as an Advocate.

FORM XVI
[See rule 8B]

To,

The Law Secretary,
Department of Legal Affairs,
Ministry of Law and Justice,
Shastri Bhawan,
New Delhi.

Subject- Request for renewal of Certificate of Practice w.e.f.

(Regn. No.________ )

Sir,

The applicant was appointed as Notary vide Registration No.________________ w.e.f._________ to practice as such, in and throughout____________ . You are requested to renew the same w.e.f. ________ to __________ at the earliest.

Name of the Applicant

Date:
Place:

[F. No. N-15011/56/2019-DLA(N)]
S. R. MISHRA, Addl. Secy.

Note : The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number S.R.O. 324, dated 14.02.1956 and was last amended vide notification number G.S.R. 77(E) dated 30th January, 2019.