Draft Notaries (Amendment) Bill issued for public consultation

Department of Legal Affairs issued the Draft Notaries (Amendment) Bill for consultation. The comments are required to reach by December 15, 2021.

Key Features of the Bill:

  • Proposes to restrict the renewal of certificates of practice of Notaries up to two terms, i.e., original term of five years and two renewal terms of five years each;
  • Power to suspend the certificate of practice in cases of professional misconduct by the appropriate government for conduct of inquiry;
  • Digitization of notarial work undertaken by Notaries.

25 comments

  • In case of existing notaries at the time of appointment the law is clear that notary can renew his certificate of practice on the application to the government with prescribed fees. No restriction on renewal and also SC ruling thereon. This is only a formal procees only. A person who get appointment after seeing this clear law and ensure himself. Now government can’t snatch his right because this is an established law and also natural law. If government make so, propsed amendments is unconstitutional and unfair and also agaist the natural law & justice.
    I strongly oppose the propose draft amendments. It should stop and drop this idea snatching ones legal right by making illegal law.

  • In case of existing notaries at the time of appointment the law is clear that notary can renew his certificate of practice on the application to the government with prescribed fees. No restriction on renewal and also SC rolling thereon. This is only a formal procees only. A person who get appointment after seeing this clear law and ensure himself now government can’t snatch his right this is established law and also natural law. If government make so amendments is unconstitutional unfair and agaist the natural law & justice.
    I strongly oppose the propose draft amendments. It should stop and drop this idea.

  • Your opinion is absolutely correct.

  • I am strongly opposing the proposed amendment. It will drastically affect the existing Notaries and they will become jobless since they could not resume the other legal works in this later stage.

  • I strongly oppose the amendment as it curtails the principles of natural justice and rights provided by the constitution.

  • I strongly oppose this bill

  • I strongly oppose the proposed Notary (Amendment) Bill 2021.
    That the reason only to give chance to young lawyers is not a healthy decision, the Govt may think lot of ways to give chanes to the young lawyers if the bill
    passed then qualified ,experienced notaty advocate life and work may curtailed . More over, the Advocates become Notary only when they become old or incapacitated due to any injury or disease or family restrictions etc., Hence, the amendment of restricting to renew the Certificate of Practice after 15 years is not feasible as it will leave many Notaries jobless, thus violating the principle of Right to earn one’s livelihood as enshrined under Constitution of India. Moreover, Notary work is suitable for only experienced and well read Advocates, which comes with the passage of time and not meant for fresher’s.
    2. That, a Notary is merely surviving on the day to day income of notary work and in the dusk of their life, if source of income of Notary is blocked/curtailed due to said restriction imposed by you, then, it seems that the Government is acting unreasonably and arbitrarily, thereby forcing the Notary towards starvation.
    3. That, the move to digitize the notarial work undertaken by Notaries is a welcome step, but due to poor infrastructure and network issues, this amendment needs to be given some time.
    5. That this is to bring to your notice that earnings of Notary are meagre which only enables a Notary to lead a life of hand to mouth and nothing more than that. So, it is advised that such amendments be withdrawn,
    6. That our Constitution provides every citizen of India to earn his/her livelihood so that one can survive. But this amendment is contrary to the constitution of India as it restrict the renewal of Notarial Licence of all old notaries. Moreover it will be illegal and contrary to Constitution.

  • Dear All,
    I have gone through the above comments. The draft notary amendment Bill 2021, should be implemented for the following reasons:-
    A. The renewal of notary licenses be scrutinised on case to case basis.
    B. Notaries should present their work @ digital or manual to authenticate their work which should form basis of their future renewals.
    C. The legder should indicate the correct and true entries to corroborate the monthly earnings, basis which the notary earns reasonable livelihood.
    D. Distinction should be made between who wants to retain their licenses for namesake and for genuine reasons.
    E. Licenses of Notaries who have no earnings from the notary work may not be renewed, in the discretion of authority.

  • I am strongly opposed this bill.this is injustice for not renewal above 15 years notries ..
    What is doing now these notries.
    Pls consider the renewal of notries.

  • The necessary amendement should be carried out in Notary Act. The reason is that the advocate who acquired the license of Notary, then he /she is just doing Notary work and they stopped the court functioning work and even they are not appearing before the court. So the necessary amendement should be on that wat the advocate shoul have the court cased in independent capacity and contesting matter then and oinly then the Notary license be renewed. By doing Notary work the degnity of advocy is ruined.

  • I support notaries in their demand,Digitisation is a masterstroke

  • Whats the reason for restriction of renewal,who will it benefit,are there new entrants who wish to to be notaries but cannot because of capping on number of notaries at a given time and please declare your fees,i have noticed notaries misguiding clients on the value of stamp paper to be used and other irregularities (my conclusion).Advocates in general should declare their fees in phase wise at every stage of the case and what work will be done and what not in the prescribed fees,no arm twisting later ,if lunch has to provided,transport etc everything has to be in writing and acknowledged.Sorry could not help speaking my heart out.Notaries in general good at heart,this write up is for civil,criminal,property etc

  • I also condemn the amendment, by this majority of notaries will become jobless.

  • I also condemn the amendment, the government by this making the notaries jobless, majority of them will become jobless

  • 1. I strongly oppose/condemn the proposed Notary (Amendment) Bill 2021.
    2. That, a Notary is merely surviving on the day to day income of notary work and in the dusk of their life, if source of income of Notary is blocked/curtailed due to said restriction imposed by you, then, it seems that the Government is acting unreasonably and arbitrarily, thereby forcing the Notary towards starvation.
    3. That, the power to suspend the Certificate of Practice of Notary for conduct of inquiry is also a biased amendment, since, there is no way by which he/she could influence the case, if any against him/her while remaining as Notary. Firstly, Notary, being an Officer of the Court never misconducts for he/she acts only after perusing the document (s). A Notary does not have sufficient income which could subsist him / her during the pendency of the misconduct case and generally, the cases in our country keeps lingering for years, and by suspending his/her certificate of Practice, he/she will die of starvation which is not a good provision to be amended.
    4. That, the move to digitize the notarial work undertaken by Notaries is a welcome step, but due to poor infrastructure and network issues, this amendment needs to be given some time.
    5. That this is to bring to your notice that earnings of Notary are meagre which only enables a Notary to lead a life of hand to mouth and nothing more than that. So, it is advised that such amendments be withdrawn, else that will force the Notaries to do small jobs, not suiting their education and standard.
    6. That our Constitution provides every citizen of India to earn his/her livelihood so that one can survive. But this amendment is contrary to the constitution of India as it restrict the renewal of Notarial Licence of all old notaries. Moreover it will be illegal and contrary to Constitution.

    7. The Notaries are not a Govt. Servant. They do not get any pension from Government. Notaries earn only on daily basis and live their life on that. The Notaries who are fully dependent on Notary Work will be on the road after this amendment.

    8. The Notaries who are an old aged or who is practice as notary since 10 or 15 years or since a long time cannot do other work and have no source of income except notary work. Notary is like Handicap person who is fully depend upon Notary work. All Notaries shall be job less after suspension of his Notarial Licence.
    In view of submissions made above it is most respectfully submitted that renewal of Notaries should not be stopped in the interest of justice.

  • I am not agree with this Proposed draft notary amendment Bill 2021,
    please do not snatch Food/Roti form my plate, I am earning day by day and eating. I am handicap person. Notary have no source of income except Notary work. Please stop this bill in the interest of justice.
    Digitalization of notary work is accepted but consider for those notary who is woriking as Notary in Remote Area.

  • We are requesting, kindly not to snatch the bread from our plate and let us eat to earn.
    I strongly opposse/condemn the proposed draft Notary Amendment Bill 2021.
    I accept digilation of notary work unconditionaly

  • I also strongly oppose/condemn the proposed Notary (Amendment) Bill 2021.
    I except digital notary work but consider for those Notary who are doing in Remote Area

  • I also strongly oppose/condemn the proposed Notary (Amendment) Bill 2021.
    I strongly recommend that there should not be any restriction to renewal of notary

  • I strongly oppose/condemn the proposed Notary (Amendment) Bill 2021.
    there should not be any restriction to renewal of notary.

  • I strongly oppose/condemn the proposed Notary (Amendment) Bill 2021.
    That, an Advocate becomes eligible for Notary only after a legal practice of 10 years (male) and 07 years (female). By the time, an Advocate becomes Notary, he/she is not young anymore and such Advocate has attained the age of 40 or 45 plus. More so, the Advocates become Notary only when they become old or incapacitated due to any injury or disease or family restrictions etc., Otherwise, all the newcomers in profession have to first practice in court only. Hence, the amendment of restricting to renew the Certificate of Practice after 15 years is not feasible as it will leave many Notaries jobless, thus violating the principle of Right to earn one’s livelihood as enshrined under Constitution of India. Moreover, Notary work is suitable for only experienced and well read Advocates, which comes with the passage of time and not meant for fresher’s.
    2. That, a Notary is merely surviving on the day to day income of notary work and in the dusk of their life, if source of income of Notary is blocked/curtailed due to said restriction imposed by you, then, it seems that the Government is acting unreasonably and arbitrarily, thereby forcing the Notary towards starvation.
    3. That, the power to suspend the Certificate of Practice of Notary for conduct of inquiry is also a biased amendment, since, there is no way by which he/she could influence the case, if any against him/her while remaining as Notary. Firstly, Notary, being an Officer of the Court never misconducts for he/she acts only after perusing the document (s). A Notary does not have sufficient income which could subsist him / her during the pendency of the misconduct case and generally, the cases in our country keeps lingering for years, and by suspending his/her certificate of Practice, he/she will die of starvation which is not a good provision to be amended.
    4. That, the move to digitize the notarial work undertaken by Notaries is a welcome step, but due to poor infrastructure and network issues, this amendment needs to be given some time. At the same time, in order to safeguard the interests of the general public, it is advised that only from the registered mobile of Notary or through OTP system, documents be authenticated. But such system is not progressive one, as many Notaries are poor and too old, to use smartphones.
    5. That this is to bring to your notice that earnings of Notary are meagre which only enables a Notary to lead a life of hand to mouth and nothing more than that. So, it is advised that such amendments be withdrawn, else that will force the Notaries to do small jobs, not suiting their education and standard.
    6. That our Constitution provides every citizen of India to earn his/her livelihood so that one can survive. But this amendment is contrary to the constitution of India as it restrict the renewal of Notarial Licence of all old notaries. Moreover it will be illegal and contrary to Constitution.

    7. The Notaries are not a Govt. Servant. They do not get any pension from Government. Notaries earn only on daily basis and live their life on that. The Notaries who are fully dependent on Notary Work will be on the road after this amendment.

    8. The Notaries who are an old aged or who is practice as notary since 10 or 15 years or since a long time cannot do other work and have no source of income except notary work. Notary is like Handicap person who is fully depend upon Notary work. All Notaries shall be job less after suspension of his Notarial Licence.
    9. We are requesting, kindly not to snatch the bread from our plate and let us eat to earn. We shall be highly oblige you. Kindly do not stop the renewal of Notarial Licence of needy persons who are only depend upon income from notary work.

    In view of submissions made above it is most respectfully submitted that renewal of Notaries should not be stopped in the interest of justice.

    My suggestion on the above draft and other suggestions are as under:
    a. Notary Work should be digitalized after consideration for Notary who is doing Notarial Work in Remote Area
    b. An I-Card should be provided to all Notary and it should be consider in support of residence proof
    c. Notary Public is a Public Officer appointed by Govt of India he should be treated like Gazetted Officer
    d. Some amount like pension should be given if Notary takes retirement or surrender his notarial licence
    e. Provide some proper Place if Notary have no sitting place
    f. Notary Fee should be increased every year
    g. Free Medical Card should be issued to every Notary
    h. One dependent or legal heir of Notary Advocate should be appointed after the death of practicing Notary

    • In case of existing notaries at the time of appointment the law is clear that notary can renew his certificate of practice on the application to the government with prescribed fees. No restriction on renewal and also SC rolling thereon. This is only a formal procees only. A person who get appointment after seeing this clear law and ensure himself now government can’t snatch his right this is established law and also natural law. If government make so amendments is unconstitutional unfair and agaist the natural law & justice.
      I strongly oppose the propose draft amendments. It should stop and drop this idea.

    • I am fully agree with your views and suggestions. Proposed amendments is absolutely unconstitutional and unfair. A notary was appointed by the law and renewal o his of certificate is a right of a notary which is given at time of appointment. which was a absolutely clear condition assured at the time of appointment now a condition can’t abolish or withdraw or change after the appointment or issue of the certificate. This step of government is clearly unfair and is void abinitio in nature. A government employee and also MPs MLAs takes and various advantage after his retirement, a notary have only this right of renewal and do his day to serice and earn his livelihood. No other facilities given to him therefore this provision was made for a safeguard of notarie’s future. Renewal is a necessary condition of appointment. Misconduct is sole condition to remove his name from notary register maintained by the appropriate government removel can do on the ground of misconduct it can do only prescribed procedure and manner . This is clear that the proposed amendment is not legal and basically unconstitutional and unfair in its nature.
      Every step suggested in your comment
      for welfare of already appointed notaries is absolutely correct. Thanks.

  • I also suggest the same. There should not be any restriction for renewing the certificate of practice for Notary. The Notary profession is honorary profession.

  • I strongly recommend that there should NOT be any restriction to renewal of notary.

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