• Notary act

One notary has a lience to practice as a notary in taluka place. means his area of practice are taluka. but he has a office in district place add acting as a notary in district place.thirt party complain against him in legal department. any action can take from government against notary ? thirt party has a right to file a complain against notary ? what defance is available for notary ?
Asked 8 years ago in Civil Law

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6 Answers

If licence of notary is restricted to taluka he cannot practice in district , he has to apply for extension of his area of practice

Rule 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 practice shall not have the effect of extending the period of validity of the original certificate beyond the period of [6][five years] specified in rule 8(4).

2) third party can complain to govt against illegal practice of notary

3) govt can inquire regarding allegations made against notary

4) ask notary to submit his reply

5) notary should deny the allegations

6) if inquiry report is against notary his licence can be suspended or cancelled by the govt

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

[11][(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.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

this practice is barred by the law. notary is an authorised officer to authenticate document which may be file before the court. he has to practice at the place mentioned in the licence.

you should file a complaint before the district and session judge of the concerned district where he has been practicing.

district and session judge has exclusive power to prevent this type of practice in its jurisdiction. he can cancel his licence and initiate proper proceeding against him.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

he has committed fraud and he is liable to be prosecuted.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

The complaint against him is that he is practising in a place where he does not have the right to practice. His license can be suspended or terminated by the competent authority in this regard. However, any such order can be challenged in the High Court through a writ petition.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The taluk if is coming under the district, then what is the problem in practicing from that district.

There is no irregularity about it.

The notary can very well defend on this basis.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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