• Stay against notary work

Notary got notary lience renewed from government. meanwhile thirt party filed a complain against notary for irregularity in maintain the notary register , not giving a receipt of notaryfees, not taken a sign of affidavite makers in notary register etc. government made inquary against notary which is running. complainan file more application for granting a stay against notary not to work as a notary during the inquary is pending.what government have a power to pass the order and give the stay order against notary not to work as a notary ?under notary act ? what relief can give to the complaintant from government against notary.
Asked 7 years ago in Civil Law

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3 Answers

in case any complaint is received against notary Govt can conduct inquiry against the notary

rule 13)12(b) provide s

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.

3) govt can cancel the notary licence or suspend his licence

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

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.]

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.

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.

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.]

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

The license of the notary can be suspended or cancelled after the culmination of the inquiry. Needless to add, the order of cancellation of license can be challenged in the High Court through a writ petition.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

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