THE NOTARIES ACT, 1952 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power to appoint notaries. 
4.  Registers. 
5.  Entry of names in the Register and issue or renewal of certificates of practice. 
6.  Annual publication of lists of notaries. 
7.  Seal of notaries. 
8.  Functions of notaries. 
9.  Bar of practice without certificate. 
10.  Removal of names from Register. 
11.  Construction of references to notaries public in other laws. 
12.  Penalty for falsely representing to be a notary, etc. 
13.  Cognizance of offence. 
14.  Reciprocal arrangements for recognition of notarial acts done by foreign notaries. 
15.  Power to make rules. 
16.  [Repealed.] 

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THE NOTARIES ACT, 1952 
ACT NO. 53 OF 19521 

[9th August, 1952.] 

An Act to regulate the profession of notaries. 

BE it enacted by Parliament as follows:— 

1. Short title, extent and commencement.—(1) This Act may be called the Notaries Act, 1952.                  
(2) It extends to the whole of India 2* * *. 
(3)  It  shall  come  into  force  on  such  date3 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

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(b)  “instrument”  includes  every  document  by  which  any  right  or  liability  is,  or  purports  to  be, 

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created, transferred, modified, limited, extended, suspended, extinguished or recorded; 

5[(c)  “legal  practitioner”  means  an  advocate  entered  in  any  roll  under  the  provisions  of  the 

Advocates 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 a 
person  who,  before  such  commencement  was  appointed  a  notary  public  6[under]  the  Negotiable 
Instruments  Act,  1881  (26  of  1881), 7*  *  *  and  is,  immediately  before  such  commencement,  in 
practice in 8[any part of India: 

Provided further that in relation to the State of Jammu and Kashmir* the said period of two years 

shall 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; 
9[(g) “State Government”, in relation to a Union territory, means the administrator thereof.] 
3. Power to appoint notaries.—The Central Government, for the whole or any part of India, and any 
State Government, for the whole or any part of the State, may appoint as notaries any legal practitioners 
or other persons who possess such qualifications as may be prescribed. 

4. Registers.—(1) The Central Government and every State Government shall maintain, in such form 
as may be prescribed, a Register of the notaries appointed by that Government and entitled to practice as 
such under this Act. 

(2)  Every  such  Register  shall  include  the  following  particulars  about  the  notary  whose  name  is 

entered therein, namely:— 

(a) his full name, date of birth, residential and professional address; 

1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule, Dadra and Nagar Haveli by Reg. 6 
of 1963, s. 2 and Schedule I; Pondicherry by Act 26 of 1968, s. 3 and Schedule and the State of Sikkim by S.O. No. 213(E), 
dated 16-5-1975, Gazette of India, Extraordinary, 1975, Part II, s. 3(ii) (w.e.f. 16-5-1975). 

2. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 
3. 14th February, 1956: vide notification No. S.R.O. 317, dated 10th February, 1956, see Gazette of India, Extraordinary, Part II,   

s. 3. 

4. Clause (a) omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 
5. Subs. by Act 36 of 1999, s. 2, for clause (c) (w.e.f. 17-12-1999). 
6. Subs. by Act 25 of 1968, s. 2 and the Schedule, for “either under” (w.e.f. 15-8-1968). 
7. The words “or by Master of Faculties in England” omitted by s. 2 and the Schedule, ibid. (w.e.f. 15-8-1968). 
8. Subs. by s. 2 and the Schedule, ibid., for “any part of India” (w.e.f. 15-8-1968). 
9. Subs. by the A.O. (No. 3), 1956, for clause (g). 
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

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(b) the date on which his name is entered in the Register; 

(c) his qualifications; and 

(d) any other particulars which may be prescribed. 

5.  Entry  of  names  in  the  Register  and  issue  or  renewal  of  certificates  of  practice.—(1)  Every 
notary  who  intends  to  practise  as  such 1[may]  on  payment  to  the  Government  appointing  him  of  the 
prescribed 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 which 

the certificate is issued to him. 
3[(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, 

renew the certificates of practice of any notary for a period of five years at a time.] 

6. Annual publication of lists of notaries.—The Central Government and every State Government 
shall, during the month of January each year, publish in the Official Gazette a list of notaries appointed by 
that Government and in practice at the beginning of that year together with such details pertaining to them 
as may be prescribed. 

7. Seal of notaries.—Every notary shall have and use, as occasion may arise, a seal of such form and 

design as may be prescribed. 

8.  Functions  of  notaries.—(1)  A  notary  may  do  all  or  any  of  the  following  acts  by  virtue  of  his 

office, namely:— 

(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 (26 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 
intended to operate; 

(h) translate, and verify the translation of, any document from one language into another; 
4[(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any 

court or authority; 

(hb) act as an arbitrator, mediator or conciliator, if so required;] 

(i) any other act which may be prescribed. 

(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. 

1. Subs. by Act 36 of 1999, s. 3, for “shall” (w.e.f. 17-12-1999). 
2. Subs. by s. 3, ibid., for “three years” (w.e.f. 17-12-1999). 
3. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 17-12-1999). 
4. Ins. by s. 4, ibid. (w.e.f. 17-12-1999). 

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9. Bar of practice without certificate.—(1) Subject to the provisions of this section, no person shall 
practise as a notary or do any notarial act under the official seal of a notary unless he holds a certificate of 
practice in force issued to him under section 5: 

Provided that nothing in this sub-section shall apply to the presentation of any promissory note, hundi 

or bill of exchange for acceptance or payment by the clerk of a notary acting on behalf of such notary. 

(2) Nothing contained in sub-section (1) shall, until the expiry of two years from the commencement 

of this Act, apply to any such person as is referred to in the proviso to clause (d) of section 2. 

1[Provided that in relation to the State of Jammu and Kashmir* the said period of two years shall be 

computed from the date on which this Act comes into force in that State.] 

10.  Removal  of  names  from  Register.—The  Government  appointing  any  notary  may,  by  order, 

remove from the Register maintained by it under section 4 the name of the notary if he— 

(a) makes a request to that effect; or 

(b) has not paid any prescribed fee required to be paid by him; or 

(c) is an undischarged insolvent; or 

(d) has been found, upon inquiry in the prescribed manner, to be guilty of such professional or 

other misconduct as, in the opinion of the Government, renders his unfit to practise as a notary; 2[or] 

3[(e) is convicted by any court for an offence involving moral turpitude; or 
(f) does not get his certificate of practice renewed.] 

11. Construction of references to notaries public in other laws.—Any reference to a notary public 

in any other law shall be construed as a reference to a notary entitled to practice under this Act. 

12. Penalty for falsely representing to be a notary, etc.—Any person who— 

(a) falsely represents that he is a notary without being appointed as such, or 

(b) practises as a notary or does any notarial act in contravention of section 9,  

shall be punishable with imprisonment for a term which may extend to 3[one year], or with fine, or with 
both. 

13.  Cognizance  of  offence.—(1)  No  Court  shall  take  cognizance  of  any  offence  committed  by  a 
notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing 
made by an officer authorised by the Central Government or a State Government by general or special 
order in this behalf. 

(2)  No  Magistrate  other  than  a  Presidency  Magistrate  or  a  Magistrate  of  the  first  class  shall  try  an 

offence punishable under this Act. 

14.  Reciprocal  arrangements  for  recognition  of  notarial  acts  done  by  foreign  notaries.—If the 
Central  Government  is  satisfied  that  by  the  law  or  practice  of  any  country  or  place  outside  India,  the 
notarial acts done by notaries within India are recognised for all or any limited purposes in that country or 
place, the Central Government may, by notification in the Official Gazette, declare that the notarial acts 
lawfully done by notaries within such country or place shall be recognised within India for all purposes 
or, as the case may be, for such limited purposes as may be specified in the notification. 

15. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

1. Ins. by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 
2. Ins. by Act 36 of 1999, s. 5, for “or” (w.e.f. 17-12-1999). 
3. Subs. by s. 6, ibid., for “three months” (w.e.f. 17-12-1999). 
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

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(a) the qualifications of a notary, the form and manner in which applications for appointment as a 

notary may be made and the disposal of such applications; 

(b) the certificates, testimonials or proofs as to character, integrity, ability and competence which 

any person applying for appointment as a notary may be required to furnish; 

1[(c) the fees payable for appointment as a notary and for the issue and renewal of a certificate of 
practice, area of practice or enlargement of area of practice and exemption whether wholly or in part, 
from such fees in specified classes of cases;] 

(d) the fees payable to a notary for doing any notarial act; 

(e) the form of Registers and the particulars to be entered therein; 

(f) the form and design of the seal of a notary; 

(g) the manner in which inquiries into allegations of professional or other misconduct of notaries 

may be made; 

(h) the acts which a notary may do in addition to those specified in section 8 and the manner in 

which a notary may perform his functions; 

(i) any other matter which has to be, or may be, prescribed. 

2[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after 
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule.] 

16. [Amendment of Act 26 of 1881.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 

and Schedule I. 

1. Subs. by Act 36 of 1999, s. 7, for clause (c) (w.e.f. 17-12-1999). 
2. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 

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