THE NOTARIES RULES, 1956
Table of Content
| Section | Details |
| Preamble | |
| Section 1 | Short title |
| Section 2 | Definitions |
| Section 3 | Qualifications for appointment as a notary |
| Section 4 | Application for appointment as a notary |
| Section 6 | Preliminary action on application |
| Section 7 | Recommendation of the competent authority |
| Section 8 | Appointment of a notary |
| Section 8A | Extension of area of practice |
| Section 9 | Fees for issue and renewal of certificate of practice and extension of area |
| Section 10 | Fees payable to a notary for doing any notarial act |
| Section 11 | Transaction of business by a notary |
| Section 12 | Seal of notary |
| Section 13 | Inquiry into the allegations of professional or other misconduct of a notary |
| Section 14 | Submission of returns |
| Section 15 | Office within the area mentioned |
| Section 16 | Adopt the form |
| Section 17 | Annual publication of the list of notaries |
| Forms | |
| Form I | Memorial |
| Form II | |
| Form IIA | Register of Notaries |
| Form IIB | Certificate of Practice |
| Form III | Form of Noting for Dishonour |
| Form IIIA | Form of Noting for Dishonour |
| Form IV | Form of Protest of Bill of Exchange for Non-acceptance |
| Form IVA | Form of Acts of Honour |
| Form V | Form of Protest of Bill of Exchange for Non-acceptance when the Drawee cannot be found |
| Form VI | Form of Protest of Promissory Note or Bill of Exchange for Non-payment |
| Form VII | Form of Protest of Promissory Note or Bill of Exchange for Non-payment when the Maker, Drawee, or Acceptor (as the case may be) cannot be found |
| Form VIII | Form of Protest of Bill of Exchange for better Security |
| Form IX | Form of Protest of Bill of Exchange for better Security when the Acceptor cannot be found |
| Form X | Form of Notice of Protest to Drawer to be given by a Notary |
| Form XI | Form of Notice of Protest to Endorser to be given by a Notary |
| Form XII | Form of Notarial Act of Declaration having been made by a Payer for Honour |
| Form XIII | Form of complaint Before the appropriate Government under the Notaries Act, 1952 |
| Form XIV | Form of Return to be submitted by a Notary |
| Form XV | Notarial Register |
THE NOTARIES RULES, 1956
Preamble –
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, namely:—
1. Short title —
These rules may be called the Notaries Rules, 1956.
2. Definitions —
In these rules, unless the context otherwise requires—
(a) “appropriate Government” means, in relation to a notary appointed by the Central Government , the Central Government and in relation to a notary appointed by the State Government, the State Government;
(b) “Form” means a Form appended to these Rules;
(c) “the Act” means the Notaries Act, 1952 (53 of 1952).
3. Qualifications for appointment as a notary —
No person shall be eligible for appointment as a notary unless on the date of the application for such appointment—
(a) a person had been practising at least for ten years, or
(aa) a person belonging to Scheduled Castes/Scheduled Tribes and other backward classes had been practising at least for seven years, or
(ab) a woman who had been practising at least for seven years, as a legal practitioner, or
(b) he had been a member of the Indian Legal Service under the Central Government, or
(c) he had been at least for ten years,—
(i) a member of Judicial Service; or
(ii) held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate; or
(iii) held an office in the department of Judge Advocate General or in the legal department of the armed forces.
4. Application for appointment as a notary —
(1) A person may make an application for appointment as a notary (hereinafter called “the applicant“) in the form of memorial 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.
(2) The memorial shall be drawn by a person referred to in clause (a) of rule 3 in accordance with Form I and by a person referred to in clauses (b) and (c) of the said rule in accordance with Form II.
(3) The memorial of a person referred to in clause (a) of rule 3 shall be signed by the applicant and shall be countersigned by the following persons :—
(a) a Magistrate;
(b) a Manager of a nationalised bank;
(c) a merchant; and
(d) two prominent inhabitants of the local area within which the applicant intends to practise as a notary.
6. Preliminary action on application —
(1) The competent authority shall examine every application received by him and, if he is satisfied that the applicant does not possess the qualifications specified in rule 3, or that any previous application of the applicant for appointment as a notary was rejected within six months before the date of the application, shall reject it and inform the applicant accordingly.
(2) If the competent authority does not reject the application under sub-rule (1),—
(b) he may, if he thinks fit, ascertain from any Bar Council, Bar Association, Incorporated Law Society or other authority in the area where the applicant proposes to practise, the objections, if any, to the appointment of the applicant as notary, to be submitted within the time fixed for the purpose.
7. Recommendation of the competent authority —
(1) The competent authority shall, after holding such inquiry as he thinks fit and after giving the applicant an opportunity of making his representations against the objections, if any, received within the time fixed under sub-rule (2) of rule 6, make a report to the appropriate Government recommending either that the application may be allowed for the whole or any part of the area to which the application relates or that it may be rejected.
(2) The competent authority shall also make his recommendation in the report under sub-rule (1) regarding the persons by whom the whole or any part of the costs of the application including the cost of hearing, if any, shall be borne.
(3) In making his recommendation under sub-rule (1), the competent authority shall have due regard to the following matters, namely:—
(a) whether the applicant ordinarily resides in the area in which he proposes to practise as a notary;
(b) whether, having regard to the commercial importance of the area in which the applicant proposes to practise and the number of existing notaries practising in the area, it is necessary to appoint any additional notaries for the area;
(c) whether, having regard to his knowledge and experience of commercial law and the nature of the objections, if any, raised in respect of his appointment as a notary, and in the case of a legal practitioner also to the extent of his practice, the applicant is fit to be appointed as a notary;
(d) where the applicant belongs to a firm of legal practitioners, whether, having regard to the number of existing notaries in that firm, it is proper and necessary to appoint any additional notary from that firm; and
(e) where applications from other applicants in respect of the area are pending, whether the applicant is more suitable than such other applicants.
8. Appointment of a notary —
(1) On receipt of the report of the competent authority, the appropriate Government shall consider the report and shall—
(a) allow the application in respect of the whole of the area to which it relates; or
(b) allow the application in respect of any part of the area to which it relates; or
(c) reject the application, and shall also make such orders as the Government thinks fit regarding the persons by whom the whole or any part of the cost of the application including the cost of hearing, if any, shall be borne.
(2) An applicant shall be informed of every order passed by the appropriate Government under sub-rule (1).
(3) Any applicant whose application has been rejected or allowed in respect of only a part of the area to which it relates or against whom an order as to cost has been made under sub-rule (1) may, within sixty days of the date of the order apply to the appropriate Government for reviewing the order and that Government may, after making such further inquiry as it thinks fit pass such order as it considers necessary.
(4) Where the application is allowed, the appropriate Government shall appoint the applicant as a notary and direct his name to be entered in the Register of Notaries maintained by that Government under section 4 of the Act and issue to him a certificate on payment of prescribed fees authorizing him to practice in the area to which the application relates or in such part thereof as the appropriate Government may specify in the certificate, as a notary for a period of three years from the date on which the certificate is issued to him.
(5) The Register of Notaries shall be in Form IIA and the certificate of practice shall be in Form IIB.
8A. Extension of area of practice —
A notary public who is already in possession of a certificate of practice in respect of a particular area, may for sufficient reasons, apply for extension of his area of practice. If the original certificate of practice had been issued by a State Government and the new area of practice applied for lies within the territory of that State, the application for extension of the area of practice shall be made to that State Government. In all cases where the original certificate of practice had been issued by the Central Government, the application for extension of the area of practice shall be made to the Central Government. Applications for the extension of the area of practice where the new area lies either wholly outside the State or partly inside and partly outside the State which granted the original certificate shall be made to the Central Government for the issue of a fresh certificate. The State Government or the Central Government, as the case may be, shall, after considering the reasons stated in the application and other factors, pass such orders thereon as it may deem fit. Any extension of the area of practise shall not have the effect of extending the period of validity of the original certificate beyond the period of three years specified in rule 8(4).
9. Fees for issue and renewal of certificate of practice and extension of area —
The fees for issue and renewal of certificate of practice and extension of area shall be as under,—
(a) issue of certificate of practice—Rs. 1000;
(b) extension of area of practice—Rs. 750;
(c) renewal of certificate of practice—Rs. 500;
(d) issue of a duplicate certificate of practice—Rs. 300.
10. Fees payable to a notary for doing any notarial act —
(1) Every notary may charge fees not exceeding the rates mentioned below, namely :—
(a) for noting an instrument :
if the amount of the instrument does not exceed rupees 10,000 —Rs. 25
if it exceeds rupees 10,000 but does not exceed rupees 25,000 —Rs. 50
if it exceeds rupees 25,000 but does not exceed rupees 50,000 —Rs. 75
if it exceeds rupees 50,000 —Rs. 100
(b) for protesting an instrument :
if the amount of the instrument does not exceed rupees 10,000 —Rs. 25
if it exceeds rupees 10,000 but does not exceed rupees 25,000 —Rs. 50
if it exceeds rupees 25,000 but does not exceed rupees 50,000 —Rs. 75
if it exceeds rupees 50,000 but does not exceed rupees 1,00,000 —Rs. 75
if it exceeds rupees 1,00,000 —Rs. 100
(c) for recording a declaration of payment for honour —Rs. 50
(d) duplicate protests —half the charge of original
(e) for verifying, authenticating, certifying or attesting the execution of any instrument —Rs. 10
(f) for presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security —Rs. 25
(g) for administering oath to, or taking affidavit from any person —Rs. 10
(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. 100
(i) for attesting or authenticating any instrument 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. 100
(j) for translating and verifying the translation of any document from one language to another —Rs. 50
(k) for noting and drawing up ship’s protest, protest or relating to demurrage and other commercial matters —Rs. 100
(l) for certifying copies of document as true per page copies of the original —Rs. 5
(m) for any other notarial act such sum as the appropriate Government may fix from
time to time
(2) The rates of fees to be charged by a notary shall be displayed by him in conspicuous place inside as well as outside his chamber or office.
(3) In addition to the above fees, a notary may charge the travelling allowance by road or by rail at the rate of rupees five per kilometer.
11. Transaction of business by a notary —
(1) A notary in transacting the business under the Act shall use the forms set forth in the Appendix to these rules.
(2) Besides recording declaration of payment for honour a notary shall also register notings and protests made. Every notary shall maintain a Notarial Register in the prescribed From XV.
(3) Where any demand of acceptance or payment or better security has been made by a clerk, a notary shall, after examination of the entry in the Register relating to such demand, affix his signature thereto, and cause the clerk to affix his signature also to the entry.
(4) Each notary shall, before bringing the Notarial Register into use, add a certificate on the title page specifying the number of pages it contains. Such certificate shall be signed and dated by the notary.
(5) Every notary shall permit the District Judge or such officer as the appropriate Government from time to time appoint in this behalf to inspect his register at such times, not often than twice a year, as the District Judge or Officer may fix. District Judge or Officer appointed by the State Government will have power to lodge a report to the appropriate Government for taking action against a notary.
(6) When the original instrument is in a language other than English any noting or protest or entry in his register which has to be made in respect of the instrument by a notary may be made either in that language or in English.
(7) In making presentment of bills or notes a notary shall observe the provisions of Chapter V of the Negotiable Instruments Act, 1881 (26 of 1881).
(8) The notary may—
(1) draw, attest or certify documents under his official seal including conveyance of properties;
(2) note and certify the general transactions relating to negotiable instruments;
(3) prepare a Will or other testamentary documents; and
(4) prepare and take affidavits for various purposes for his notarial acts.
(9) Every notary shall grant a receipt for the fees and charge realised by him and maintain a register showing all the fees and charges realised.
12. Seal of notary —-
Every notary shall use a plain circular seal of a diameter of 5 cm. as indicated by a drawing given below, bearing his name, the name of the areas within which he has been appointed to exercise his functions, the registration number and the circumscription “notary“, and the name of the Government which appointed him.
13. Inquiry into the allegations of professional or other misconduct of a notary —
(1) An inquiry into the misconduct of a notary may be initiated either suo motu by the appropriate Government or on a complaint received in Form XIII.
(2) Every such complaint shall contain the following particulars, namely : —
(a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary;
(b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.
(3) The appropriate Government shall return a complaint which is not in the proper form or which does not contain the aforesaid particulars to the complainant for representation after compliance with such objections and within such times as the appropriate Government may specify:
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) Within sixty days ordinarily of the receipt of complaint, the appropriate
Government shall send a copy thereof to the notary at his address as entered in the Register of Notaries.
(4A) Where an inquiry is initiated, suo motu by the appropriate Government, the appropriate Government shall send to the notary a statement specifying the charge or charges against him, together with particulars of the oral or documentary evidence relied upon in support of such charge or charges.
(5) A notary against whom an inquiry has been initiated may, within fourteen days of the service on him of a copy of the complaint under sub-rule (4) or of the statement of the charges under sub-rule (4A) as the case may be, or within such time as may be extended by the appropriate Government, forward to that Government a written statement in his defence verified in the same manner as a pleading in a civil court.
(6) If on a perusal of the written statement, if any, of the notary concerned and other relevant documents and papers, the appropriate Government consider that there is a prima facie case against such notary, the appropriate Government shall cause an inquiry to be made in the matter by the competent authority. If the appropriate Government is of the opinion that there is no prima facie case against the notary concerned, the complaint or charge shall be filed and the complainant and the notary concerned shall be informed accordingly.
(7) Every notice issued to a notary under this rule shall be sent to him by registered post. If any such notice is returned un-served with an endorsement indicating that the addressee has refused to accept the notice or the notice is not returned un-served 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.
(8) It shall be the duty of the appropriate Government to place before the competent authority all facts brought to its knowledge which are relevant for the purpose of an inquiry by the competent authority.
(9) A notary who is proceeded against shall have right to defend himself before the competent authority either in person or through a legal practitioner or any other notary.
(10) Except as otherwise provided in these rules, the competent authority shall have the power to regulate his procedure relating to the inquiry in such manner as he considers necessary and during the course of inquiry, may examine witnesses and receive any other oral or documentary evidence.
(11) The competent authority shall submit his report to the Government entrusting him with the inquiry.
(12) (a) The appropriate Government shall consider the report of the competent authority, and if in its opinion a further inquiry is necessary, may cause such further inquiry to be made and a further report submitted by the competent authority.
(b) If after considering the report of t
14. Submission of returns —
Every notary shall, in the first week of January every year, submit to the appropriate Government, an annual return in Form XIV of the notarial acts done by him during the preceding year.
15. Each notary shall have an office within the area mentioned in the certificate issued to him under rule 8 and he shall exhibit it in a conspicuous place thereat a board showing his name and his designation as a notary.
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.
17. Annual publication of the list of notaries —
The list of notaries to be published by the Central Government and every State Government under section 6 of the Act, shall be in the following form :—
Sl. No. Name of notary Residential and Qualifications Area in which Remarks professional he is authorised addresses to practice
Form I
[see rule 4(2)]
Memorial
1. Name of the applicant ………………………………………..
2. Father’s name ……………………………………………………
3. Date of birth ……………………………………………………..
4. Address (Residence) ………………………………………….
Pin …………………………….
Telephone ……………………. Fax ………………
Address (Office) ………………………………………………………………………………………
5. Educational qualifications (Please attach photocopies) ……………………………………
6. Date of enrolment (Please attach photocopies) ……………………………………………….
7. Practising in : …………………………………………………………………………………………..
Civil side :……………………………………………………………………………………………….
Criminal side :…………………………………………………………………………………………..
Taxation……………………………………………………………………………………………..
Revenue Courts :………………………………………………………………………………………
8. Whether Income-tax Assessee :
The memorial of (name of the applicant) show the…………………………(in block letters)
……………………………….
1. that the memorialist 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 memorialist has resides in…………………………………………………….
(here state the name of the local area or name of court where he intends to practise) and will reside for upwards of………………………………..(state how long);
3. that the number of notaries practising in the local area is insufficient for the requirements thereof (the grounds of the statement should be added);
4. that no previous application of the memorialist has been rejected or withdrawn by him, within the preceding six months;
The memorialist, 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 practise in…………………..
(here state the name of the local area).
Dated…………………………day of…………………….19 Signature of the applicant
Name and address Profession Name and address of Signature
of signatories the firms/organisation
Note —Under rule 4(3) the memorial should be countersigned by a magistrate, a manager of a nationalised bank, a merchant and two prominent inhabitants of the area where he intends to practice as a notary.
Form II
[See rule 4(2)]
1. Name …………………………………………………………..
2. Father’s name ……………………………………………….
3. Date of birth …………………………………………………
4. Residence Address ………………………………………..
……………………………………………………………………
……………………………………………………………………
(Office) ……………………………………………………….
……………………………………………………………………………………………………………….
5. Educational Qualification ……………………………………………………………………………
6. Date of joining Government Service ……………………………………………………………
7. Date of retirement ………………………………………………………………………………………
8. Post held at the time of retirement ………………………………………………………………….
Signature
Note : Necessary proof about eligibility under rule 3(b) and (c) of the Notaries Rules, 1956 is to be attached. Rule 3(b) and (c) are as follows :—
“3. Qualifications for appointment as a notary.—No person shall be eligible for appointment as a notary unless on the date of the application for such appointment,—
(a) ………………………………………………………………………………….
(b) he had been a member of the Indian Legal Service under the Central Government, or
(c) he had been at least for ten years;
(i) a member of Judicial Service; or
(ii) held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate;
(iii) held an office in the department of Judge Advocate General or in the legal department of the armed forces.
FORM IIA
Register of Notaries
[See rule 8(5)]
Sl. No. Full name and Residential and Date on which Qualifications Area in which Remarks
date of birth professional the name of of notary notary may
of notary addresses of notary is practise
notary entered in the
Register
———————————————————————————————————————
FROM II B
[See rule 8(5)]
Government of…………………………………………………..
(Emblem)
Certificate of Practice
Certified that ……………………………………………………………………….. Son/daughter/wife …………………………………………….. of …………………………………………………………………..
resident of …………………………………………………… has been appointed as a notary under the Notaries Act 1952 (53 of 1952) and is authorised to practise as such in and throughout
……………………. for a period of five years ……………………. Given under my hand and seal of the Government of …………………………….. this …………………………….
day of ………………………………..
Secretary to the Government of India/
Government of ……………………………………
(Name of the State)
FORM III
Form of Noting for Dishonour
[See section 8]
( To be made upon the instrument or upon a paper attached thereto, or partly upon each).
Reference to page in Notarial Register……..
Date of presentment and dishonour by non-acceptance/ non-payment………
Reason, if any, assigned for dishonour (or, if the instrument has not been expressly dishonoured, reason why holder treats it as dishonoured).
Date of note……
Signature of notary
Notary’s charges.
———————————————————————————————————————
FORM IIIA
Form of Noting for Dishonour
[See section 8]
(To be entered in the Notarial Register)
(Copy of the bill and endorsements)
On the ……… day of……….. 19….. the above bill was, at the request of………(here give the name), presented by me for acceptance to……….(here give the name), the drawee personally (at his residence or usual place of business) in………..(town or village) and, I received, the following answer :—
……………………………………………………………………………………………………………………..
(The said bill is, therefore, noted for non-acceptance.)
Place and date………………. Signature of notary
(This note is to be signed in the margin by the notary’s clerk also if he presented
the bill).
FORM IV
Form of Protest of Bill of Exchange for Non-acceptance
[See section 8]
On the ………………………day of……………………19………. I,…………………………………(here give the name), notary appointed under the Notary Act, 1952, of…………………………………. in…………………………………(here state the local area for which the notary has been appointed) in…………………………….at the request of………………..(here give the name) of……………………did, at……………………..in person, and having failed to do so, then by registered letter cause due and customary presentment to be made to, and did demand acceptance of the bill of exchange hereto annexed (or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”) from……….(here give the name), the person upon whom the said bill is drawn, to which demand he made answer (state terms of answer, if any) (or “to which demand he gave no answer”) wherefore, I, the said notary, at the request aforesaid, by this writing, do, in the presence of……………(here give the name ) and………..(here give the name), witnesses, protest the drawer of the said bill of exchange and all other parties thereto and all others concerned for all exchange, re-exchange, and all costs, damages, and interest present and to come for want of acceptance of the said bill.
Which I attest
Signature of notary
Place and date ……………………………
Signatures of witnesses
(should be of the locality)
1. …………………………………
2. …………………………………
——————————————————————————————————————–
FORM IVA
Form of Acts of Honour
(a) Act of honour on acceptance. (To be written at the foot of the protest).
Afterwards appeared before me, the said notary, on the…………… day of …………. 19……., (here give the name), and declared that he would accept the bill of exchange before
protested under protest for the honour and upon the account of………………………….
(here give the name), the second endorser on the said bill.
Holding the second endorser and all others concerned always bound and obliged to indemnify him, the said appearer, for his said acceptance and in case of payment of by him, for his re-imbursement in due form of law and according to custom.
Which I attest
Signature of notary
Place and date……………………………
(b) Act of honour on payment. (To be written at the foot of the protest).
Afterwards appeared before me, the said notary, on the……………day of……….19…., …….(here give the name), and declared that he would pay the bill of exchange before protested under protest for the honour and upon the account of………………(here give the name), the endorser on the said bill.
Holding the said endorser and all others concerned always bound and obliged for re-imbursement in due form of law and according to custom.
Amount Rs…………
Notarial charges Rs………..
Which I attest
Signature of notary
Place and date………………………………
Received this………day of……….19…….., ……from (here give the name), the sum of Rs……….., the amount of the said bill and notarial charges thereon.
Signature of notary
FORM IX
Form of Protest of Bill of Exchange for better Security when the Acceptor cannot be found
[ See section 8]
(a) Where such protest was made by notary in person.
On the …………………………………………………day of……………………………. 19……….. I,……………………………………………………………(here give the name), a notary appointed under the Notaries Act, 1952, of……………………………..in………………………(here state the local area for which the notary has been appointed) in……………………………at the request of………………………………………(here give the name), of………………………………..did not in person make due search at…………………………………..for …………………………(here give the name), in order to exhibit the bill of exchange hereto annexed (or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”) to the said ……. (here give the name) the person on whom the said bill is drawn, and whose acceptance appears thereon, and demand better security for the payment thereof, when the same should become payable in consequence of his having become insolvent (or “his credit having been publically impeached“, as the case may be), but was unable to find him; wherefore I, the said notary, at the request aforesaid, by this writing, do, in the presence of……………………………………..
(here give the name) and………………………….(here give the name) witnesses, protest against the drawer of the said bill of exchange and the acceptor and all other parties thereto and all others concerned for all exchange, re-exchange, and all costs, damages, and interest present and to come for want of better security for the payment of the said bill when due and payable.
Which I attest
Signature of notary
Place and date……………………………..
Signature of witnesses
(should be of the locality)
1. ………………………………..
2. ………………………………..
(b) Where registered letter was sent to the acceptor.
On the …………………………………………………………day of ……………………………..19……… I,……………………………………………………………..(here give the name), a notary appointed under the Notaries Act, 1952, of ………………………………….in……………………….(here state the local area for which the notary has been appointed) in………………………………at the request of……………………………………….(here give the name), of……………………………did send by post a registered letter addressed to…………………………….(here give the name), at…………………………………………wherein I enclosed the bill of exchange hereto annexed (or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”), and did by such letter demand from the said………………………..(here give the name), the person on whom the said bill is drawn and whose acceptance appears thereon, better security for the payment thereof when the same should become payable in consequence of his having become insolvent (or “his credit having been publicly impeached”, as the case may be), but the said letter was returned undelivered because the said……………………………….. (here giver the name) could not be found; wherefore I, the said notary, at the request aforesaid, by this writing, do, in the presence of…………….. ………..(here give the name) and……………(here give the name), witnesses, protest against the drawer of the said bill of exchange and the acceptor and all other parties thereto and all others concerned for all exchange, re-exchange, and all costs, damages and interest present and to come for want of better security for the payment of the said bill when due and payable.
Which I attest
Signature of notary
Place and date………………………………
Signatures of witnesses
(should be of the locality)
1. ……………………………………
2. ……………………………………
FORM V
Form of Protest of Bill of Exchange for Non-acceptance when the Drawee cannot be found
[ See section 8]
(a) Where search was made by notary in person.
On the………….day of………..19…….., I (here give the name), a notary appointed under the Notaries Act, 1952, of………..in……………(here state the local area for which the notary has been appointed) in………… at the request of…………..(here give the name), of………….,
did in person make due search at…………..for……….(here give the name), in order to present to and demand from him acceptance of the bill of exchange hereto annexed (or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”) which is drawn upon the said………….(here give the name), but was unable to find him; wherefore I, the said notary, at the request aforesaid, by this writing, do in the presence of…………….
(here give the name), and………….(here give the name), witnesses, protest against the drawer of the said bill of exchange and all other parties thereto and all others concerned for all exchange, re-exchange and all costs, damages and interest present and to come for want of acceptance of the said bill.
Which I attest
Signature of notary
Place and date………………………………
Signatures of witnesses
(should be of the locality)
1. …………………………………………….
2. …………………………………………….
(b) Where registered letter was sent to the drawee.
On the………….day of………..19……..I, ……….(here give the name), a notary appointed under the Notaries Act, 1952, of………..in………(here state the local area for which the notary has been appointed) in……………………at the request of………..(here give the name), of……………, did send by post a registered letter addressed to…………….(here give the name) at…………wherein I enclosed and demanded from him acceptance of the bill of exchange hereto annexed(or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”) which is drawn upon the said……….. (here give the name) but the letter was returned undelivered because the said…………………(here give the name) could not be found; wherefore I, the said notary at the request aforesaid, by this writing, do in the presence of………………..(here give the name ) and…….(here give the name), witnesses, protest against the drawer of the said bill of exchange and all other parties thereto and all others concerned for all exchange, re-exchange, and all costs, damages and interest present and to come for want of acceptance of the said bill.
Which I attest
Signature of notary
Place and date……………………………
Signatures of witnesses
(should be of the locality)
1. ……………………………….
2. ……………………………….
FORM VI
Form of Protest of Promissory Note or Bill of Exchange for Non-payment
[ See section 8]
On the……………………………day of………………………………….19………………..
I, ………………………………………….(here give the name), a notary appointed under the Notaries Act, 1952, of………………………….in……………………………(here state the local area for which the notary has been appointed) in………………………at the request of ………………………..(here give the name), of…………………….did at……………………in person and having failed to do so, then by registered letter, cause due and customary presentment to be made to and did demand payment of the promissory note (or bill of exchange, as the case may be) hereto annexed (or “a literal transcript whereof, and of everything written or printed) thereon is hereto annexed”) from……………………….(here give the name) the maker of the said promissory note (or drawee, acceptor, of the said bill of exchange, as the case may be), to which demand he made answer (state the terms of his answer, if any) or “to which demand he gave answer”); wherefore I, the said notary, at the request aforesaid by this writing, do in the presence of ……………………………………………………………(here give the name), and……………………………………(here give the name), witnesses protest against the maker of the said promissory note (or the drawer of the said bill of exchange, as the case may be) and all other parties thereto and all others concerned for all exchange, re-exchange , and all costs, damages and interest present and to come for want of payment of the said promissory note (or bill of exchange, as the case may be).
Which I attest
Signature of notary
Place and date…………………………….
Signatures of witnesses
(should be of the locality)
1. ……………………………..
2. …………………………….
FORM VII
Form of Protest of Promissory Note or Bill of Exchange for Non-payment when the Maker, Drawee, or Acceptor (as the case may be) cannot be found
[See section 8]
(a) Where search was made by notary in person.
On the………………………………………………day of……………………, 19…………………… I,……………………………………………………….(here give the name), a notary appointed under the Notaries Act, 1952, of ………………………………………in …………………………….(here state the local area for which the notary has been appointed) in………………………..at the request of……………………………………(here given the name) of…………………….did in person make due search at ………………………..for…………………………………….(here give the name), the maker ( or drawee, or acceptor, as the case may be) in order to present to and demand from him payment of the promissory note (or bill of exchange, as the case may be) hereto annexed (or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”) but was unable to find him; wherefore, I, the said notary, at the request aforesaid, by this writing, do, in the presence of………………………………….(here give
the name ) and…………………………………(here give the name), witnesses, protest against the maker of the said promissory note (or drawer of said bill of exchange as the case may be) and all other parties thereto and all others, concerned for all exchange, re-exchange, and all costs, damages, the interest present and to come for want of payment of the said promissory note (or bill of exchange, as the case may be).
Which I attest
Signature of notary
Place and date……………………………..
Signatures of witnesses
(should be of the locality)
1. …………………………….
2. ……………………………
(b) Where registered letter was sent to the maker, drawee or acceptor.
On……………………………………………………..day of…………………………………19…………
I, ………………………………………. (here give the name), a notary appointed under the Notaries Act, 1952, of……….in……….(here state the local area for which the notary has been appointed) in……….at the request of………(here give the name), of……………..did sent by post a registered letter addressed to…………….(here give the name) at…………..the maker
(or drawee, acceptor, as the case may be), wherein I enclosed and demanded from him payment of the promissory note (or bill of exchange as the case may be), hereto annexed
(or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”), but the letter was returned undelivered because the said………………(here give the name), could not be found; wherefore; I, the said notary, at the request aforesaid, by this writing, do, in the presence of ……………..(here give the name) and …………….(here give the name) witnesses, protest against the maker of the said promissory note (or the drawer of the said bill of exchange, as the case may be) and all other parties thereto and all others concerned for all exchange, re-exchange, and all costs, damages, and interest present and to come for want of payment of the said promissory note (or bill of exchange, as the case may be).
Which I attest
Signature of notary
Place and date………………………………….
Signature of witnesses
(should be of the locality)
1. ………………………………..
2. ………………………………..
FORM VIII
Form of Protest of Bill of Exchange for better Security
[See section 8]
On the……………………………………………..day of………………………………….19……..
I,…………………………………………………….. (here give the name), a notary appointed under the Notaries Act, 1952, of…………………………………in……………………………..(here state the local area for which the notary has been appointed in …………………. at the request of ……………………………………(here give the name), did exhibit the bill of exchange hereto annexed (or “a literal transcript whereof and of everything written or printed therein is hereto annexed”) to ………………….. (here give the name), the person on whom the said bill is drawn, and whose acceptance appears thereon, and did demand better security for the payment thereof when the same should become payable in consequence of the said ………………………………(here give the name), having become insolvent (or “his credit having been publicly impeached”, as the case may be), to which demand he made answer, (state the terms of the answer if any) or (“to which demand he gave no answer”); wherefore I, the said notary, at the request aforesaid , by this writing, do, in the presence of………………………………………..(here give the name) and…………………..(here give the name), witnesses, protest against the drawer of the said bill of exchange and the acceptor and all other parties thereto, and all others concerned for all exchange, re-exchange, and all costs, damages, and interest present and to come for want of better security for the payment of the said bill when due and payable.
Which I attest
Signature of notary
Place and date……………………………..
Signature of witnesses
(should be of the locality)
1 ……………………………………..
2. …………………………………….
FORM X
Form of Notice of Protest to Drawer to be given by a Notary
[See section 8]
Take notice that a bill of exchange for……………(here state the amount) drawn by you under date the…………….on…………and payable at…………… has been dishonoured by non-acceptance (or non-payment, as the case may be) and protested, and that you will be held liable thereon.
Signature of notary
Place and date………………………………
FORM XI
Form of Notice of Protest to Endorser to be given by a Notary
[See section 8]
Take notice that a bill of exchange for………………………………..(here state the amount) drawn by………………………………………… under date the ……………………..on………………… and payable at…………………………………..and bearing your endorsement has been dishonoured by non-acceptance (or non-payment, as the case may be) and protested, and that you will be held liable thereon.
Signature of notary
Place and date………………………………..
FORM XII
Form of Notarial Act of Declaration having been made by a Payer for Honour
[See section 8]
On the…………………………………………day of…………… 19…… I, …………………………………….. (here give the name), a notary appointed under the Notaries Act, 1952, of ….. in …. (here state the local area for which the notary has been appointed) in…………………………. do hereby certify that the bill of exchange hereto annexed (or “a literal transcript whereof and of everything written or printed thereon is hereto annexed”) (now protested for non-payment) was this day exhibited to……………..(here give the name), of ………………………………..in the State of…………………………………… (or to………………………… (here give the name), his agent in this behalf, as the case may be), who declared before me that he, the said………………………………….(here give the name), would pay the amount of the said bill under protest for the honour of ………………………………(here insert the name of the party for whose honour the payment is to be made), holding the said………………………………(here insert the name of the party for whose honour the payment is to be made) and the drawer and all other proper persons responsible to him, the said………………………………… (here give the name), for the amount of the said bill and for all proper costs, interest, damages, and expenses; I have, therefore, in the presence of………………………………………… (here give the name) and……………………………………………. (here give the name), witnesses, granted this notarial act of honour accordingly.
Which I attest
Signature of notary
Place and date……………………………….
Signatures of witnesses
(should be of the locality)
1. ………………………………….
2. ………………………………….
FORM XIII
Form of complaint Before the appropriate Government under the Notaries Act, 1952
Between…………………………………………………………………………………………Petitioner
and…………………………………………………………………………………………………….Respondent
Petitioner’s Address ……………………………………………………………………………………………..
Respondent’s address ……………………………………………………………
———————————————————————————————————————
FORM XIV
Form of Return to be submitted by a Notary
[See rule 14]
1. Name and address of notary ………………………………………………………….
2. Registration number ………………………………………………………….
3. Particulars of notarial acts done during
the year ………………………………………………………….
Type of work Name of cases Fee charged
1. Noting an instrument
2. Protesting an instrument.
3. Recording a declaration of
payment for honour
4. Duplicate protests
5. Verifying, authenticating, certifying or
attesting the execution of any instrument
6. Presenting any promissory note, hundi or
bill of exchange for acceptance or payment or demanding better security
7. Administering oath to, or taking
affidavit from any person.
8. 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.
9. Attesting or authenticating any instrument
intended to take effect in any country
orplace outside India in such form and language as may conform to the law of
the place where such deed is intended to operate
10. Translating and verifying the translation
of, any document from one language
into another.
11. Other notarial acts.
Signature of notary
Date and Place……………………………
FORM XV
Notarial Register
[See rule 11(2)]
Sl. Date Name of Name of Contents Notarial Prescri- Fee Sl. Signa- Signa-
No. notarial executant of fee-stamp bed fee charged No of ture of ture
act or person document affixed Receipt person of
concerned Book concerned notary
with full
address
1 2 3 4 5 6 7 8 9 10 11
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