The Notaries Act, 1952 (53 of 1952), is an Act to regulate the profession of Notaries. A Notary or a Notary Public is a public officer. The Notaries Act is administered by the Central as well as State Governments. Section 3 of the Notaries Act provides that the Central Government for the whole or any part of India and State Government, for the whole or any part of the State, may appoint Notaries and legal practitioners or other persons who possess such qualifications as may be prescribed. The qualifications for appointment as a Notary has been prescribed in the Notaries Rules, 1956
1) A Notary may do all or any of the following acts by virtue of his office, namely:-
Verify, authenticate, certify or attest the execution of any instrument
Present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security
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 (XXVI of 1881), or serve notice of such notice or protest
Note and draw up ship’s protest, boat’s protest or protest relating to demurrage and other commercial matters
Administer oath to, or take affidavit from, any person
Prepare bottomry and respondentia bonds, charter parties and other mercantile documents
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 entitled to operate
Translate, and verify the translation of any document, from one language into another
Act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority
Act as an arbitrator, mediator or conciliator, if so required
Any other act which may be prescribed.
As per Rule 8A of the Notaries Rules 1956, a Notary who holds a valid Certificate of Practice can apply for extension of area of practice. The Government after considering the grounds stated in the application and other factors, pass appropriate orders on the application.