33. Notary & Notary Advocate

 33. Notary & Notary Advocate

NOTARY :

In British era, the Master of Faculties in England used to appoint Notaries Public in India for performing all recognized notarial functions.

After Independence the Central and Sate Government was empowered to appoint Notaries. The Bill was passed on 11.08.1952 as “ The Notaries Act, 1952 ”.

Notaries are public officials are also called as notary advocate who serve as a witness of the signing of important deeds and documents. A notary is an official person appointed by state government or central government to serve the public as an impartial witness when important documents are signed.

Legal Practitioner (means an Advocate entered in any roll under, the provisions of the Advocates Act,1961) as a Notary as per eligibility provided by the concern laws, statutes.

FUNCTIONS OF NOTARIES :

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 O(VI 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 Oath to, or take Affidavit from, any person;

(f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents;

(g) prepare, attest or authenticate any Instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is entitled to operate;

(h) Translate, and verify the translation of, any document, from one language into another;

2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal.

UNDER THE NOTARIES RULES 1956

Fees Payable to a Notary for doing Notarial act – Every Notary may charge fees not exceeding the rates mentioned below –

 

No	Particulars		Fees Charge
A)	For Noting an instrument -
1	If the amount of the instrument does not exceeds R.10,000/-		Rs.35/-
2	If it exceeds Rs.10,000/- but does not exceeds Rs.25,000/-		R.75/-
3	If it exceeds Rs.25,000/- but does not exceeds Rs.50,000/-		Rs.110/-
4	If it exceeds Rs.50,000/-		Rs.150/-
B)	For Protesting an instrument -
1	If the amount of the instrument does not exceeds R.10,000/-		Rs.35/-
2	If it exceeds Rs.10,000/- but does not exceeds Rs.25,000/-		Rs.75/-
3	If it exceeds Rs.25,000/- but does not exceeds Rs.1,00,000/-		Rs.110/-
4	If it exceeds Rs.1,00,000/-		Rs.150/-
C)	For Recording a Declaration of Payment for Honour		Rs.75/-
D)	Duplicate Protests		Half the Charge of Original
E)	For Verifying, Authenticating, Certifying or Attesting the execution of any Instrument		Rs.15/-
F)	For presenting any Promissory Note, Hundi or Bill of Exchange for acceptance or payment or demanding better security.		Rs.35/-
G)	For administering oath to or taking affidavit from any person.		Rs.15/-
H)	For Preparing any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate.		Rs.150/-
I)	For Attesting or Authenticating any instrument to take effect in any country or place outside India in such form& language  as may conform to the law of the place where such deed is intended to operate.		Rs.150/-
J)	For translating and Verifying the translation of any document forms one language to another.		Rs.75/-
K)	For noting and drawing up ship’s protest, boat protest or protest relating to demurrage and other commercial matters.		Rs.150/-
L)	For certifying copies of document as true copies of the original	Rs.5/- per page mini.Rs10/-
M)	For any other Notarial act.	The Govt. may fix time to time