A new Notary Act with amendments is coming

- Antenna-Vivek Mehta

- To get appointed as a notary, one has to pass the exam with 50% marks: The rates for notary will be fixed, fees will not be charged as per mind.

New amendments are also coming in the Notary Act. So the situation is changing radically. Only a lawyer who has practiced as a lawyer for at least ten years and has fought at least a hundred cases will be appointed as a notary. Yes, a woman lawyer must have practiced as a lawyer for at least seven years. Only then he will be allowed to practice as a notary. These amendments are being made in the new Notary Act to curb the malpractice being done by notaries including charging high fees.

On the other hand, a system is also being introduced for every lawyer to pass an examination before being appointed as a notary. A minimum of 50 marks is being made mandatory to pass the exam to become a notary. Thus 50 marks out of 100 will be considered as passing marks. A person who scores less than that will not even get a chance to interview for appointment as a notary.

At present appointment as a notary is given on the basis of the recommendation of the Member of Parliament. The practicing certificate they issue is only worth as much as the writing on paper.

The authenticity of this paper is not cross-verified anywhere. Also, 150 people are interviewed in a day for their appointment. There are no excuses in this interview. As a result unqualified candidates are selected. As a result, the profession of notary is practiced. Notaries today are seen practicing on the road or sitting in their motorbikes. This undermines the dignity of the profession. As a result, the provision to create a separate sitting area for notaries in every court premises is also likely to be brought through the amended law.

The Ministry of Law and Justice convened a meeting of stakeholders from across the country and took their suggestions in this regard. In this meeting, it is seen that the suggestions given from Gujarat have been accepted in the new amended law. Thirdly, a provision is also being introduced to obtain registration as a notary once in a lifetime. Yes, the notary has to produce his survival certificate every year like pensioners. Currently, there is a system of renewing the registration as a notary every five years. When applying for a notary for the first time, the notation of 10 years of experience is only on paper.

It is not verified at all. Application has to be made after four and half years in this system. But it does not come renewed in six months. As a result, the notary has to legally cease its operations. As a result the income of the practitioner as a notary ceases.

If the fourth registration is not renewed, the image of the notary is also affected. It is because he made a mistake that his registration is not renewed. Hence the system of renewal of registration has been abolished and the jaffa of renewing the registration once granted has been exempted. But it is being made mandatory for him to send the death certificate every year.

Practicing as a notary is currently Rs. A fee of around 50 is given. The demand to link these fees to inflation was made in a meeting with the Centre's Justice Department. Keeping this demand in mind, directions are being received to revise the fee norms as per the current circumstances.

As a result, they will not be able to charge indiscriminate fees as at present. At present notaries are charging more than the fixed fees. It was submitted that the fee was very less in proportion to the 11 entries he had to make in the register. Their fee rate was last revised in 2014. Now there is a possibility that a new amendment will also come.