A notary is appointed either by central or by state Govt.under the provisions laid down in Notary Act1952(Act no53of1952) read with rules framed there under and amended from time to time called the Notaries Rules 1956.
The power to inspect notary register is vested in district judge and competent authority,appointed by central or state govt.,as the case may,be.Rule 11 regulates it which is reproduced below:
11. Transaction of business by a notary
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 noting and protests made. Every notary shall maintain a notarial register in the prescribed Form 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 appoints in this behalf to inspect his register at such times, not other 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 (XXVI 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 charges realised by him and maintain a register showing all the fees and charges realised.
please read sub rule(5) of rule 11 above.
However,if some finds that a notary has mis conducted professionally or otherwise,one can file a complaint before central orstate govt.,by whom notary has been appointed in form XIII of the rules,reproduced below and an action shall proceed in accordance with rule 13 which is also reproduced below:
FORM XIII
COMPLAINT
Before the appropriate government under the Notaries Act, 1952(53 of
1952)
Between.................................................petitioner
and.....................................................respondent
Petitioner's address:
Respondent's address:
Particulars of complaint in
paragraphs consecutively numbered.....................................
Particulars of evidence oral and documentary, if any, to substantiate the complaint.................................
Verification
I,.............., the petitioner do hereby declare that what is stated above is true to the best of my information and belief.
Verified today the................day of.............20........at.....
Signature
RULE NO
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 time 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 considers 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 unserved with an endorsement indicating that the addressee has refused to accept the notice or the notice is not returned unserved within a period of thirty days from the date of its dispatch, 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 the competent authority, the appropriate government is of the opinion that action should be taken against the notary the appropriate government may make an order-
(i) cancelling the certificate of practice and perpetually debarring the notary from practice; or
(ii) suspending him from practice for a specified period; or
(iii) letting him off with a warning, according to the nature and gravity of the misconduct of the notary proved.
(13) Notification of removal- The removal of the name of any notary from the register of notaries from practice, as the case may be, shall be notified in Official Gazette and shall also be communicated in writing to the notary concerned.
(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 are a mentioned in the certificate issued to him under rule 8 and he shall exhibit it in a inconspicuous place thereat a board showing his name and 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:
