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The Notaries Act, 1952

Year of Passage: 1952 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Notaries Act, 1952. (2) It extends to the whole of India 1* * *. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definitions.

In this Act, unless the context otherwise requires, 1* * * * * (b) "instrument" includes every document by which any right or liability is, or purports to be,created, transferred, modified, limited, extended, suspended, extinguished or recorded; 2[(c) "legal" practitioner means an advocate entered in any roll under the provisions of theAdvocates Act, 1961 (25 of 1961);] (d) "notary" means a person appointed as such under this Act: Provided that for a period of two years from the commencement of this Act it shall include also aperson who, before such commencement was appointed a notary public 3[under] the NegotiableInstruments Act, 1881 (26 of 1881),4* * * and is, immediately before such commencement, inpractice in5[any part of India: Provided further that in relation to the State of Jammu and Kashmir* the said period of two yearsshall be computed from the date on which this Act comes into force in that State.] (e) "prescribed" means prescribed by rules made under this Act; (f) "Register" means a Register of Notaries maintained by the Government under section 4; 6[(g) "State Government", in relation to a Union territory, means the administrator thereof.]

Section 3 Power to appoint notaries.

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

Section 4 Registers.

(1) The Central Government and every State Government shall maintain, in such formas may be prescribed, a Register of the notaries appointed by that Government and entitled to practice assuch under this Act. (2) Every such Register shall include the following particulars about the notary whose name isentered therein, namely: (a) his full name, date of birth, residential and professional address; (b) the date on which his name is entered in the Register; (c) his qualifications; and (d) any other particulars which may be prescribed.

Section 5 Entry of names in the Register and issue or renewal of certificates of practice.

(1) Everynotary who intends to practise as such 1[may] on payment to the Government appointing him of theprescribed fee, if any, be entitled (a) to have his name entered in the Register maintained by that Government under section 4, and (b) to a certificate authorising him to practise for a period of 2[five years] from the date on whichwhich the certificate is issued to him. 3[(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee,fee, renew the certificates of practice of any notary for a period of five years at a time.]
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