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The Notaries Act


In this Act, unless the context otherwise requires,

1* * * * *

(b) "instrument" includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded;

2[(c) "legal" practitioner means an advocate entered in any roll under the provisions of the Advocates Act, 1961 (25 of 1961);]

(d) "notary" means a person appointed as such under this Act:

Provided that for a period of two years from the commencement of this Act it shall include also a person who, before such commencement was appointed a notary public 3 [under] the Negotiable Instruments Act, 1881 (26 of 1881), 4* * * and is, immediately before such commencement, in practice in5 [any part of India:

Provided further that in relation to the State of Jammu and Kashmir* the said period of two years shall be computed from the date on which this Act comes into force in that State.]

(e) "prescribed" means prescribed by rules made under this Act;

(f) "Register" means a Register of Notaries maintained by the Government under section 4;

6[(g) "State Government", in relation to a Union territory, means the administrator thereof.]

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1. Clause (a) omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968).

2. Subs. by Act 36 of 1999, s. 2, for clause (c) (w.e.f. 17-12-1999).

3. Subs. by Act 25 of 1968, s. 2 and the Schedule, for "either under" (w.e.f. 15-8-1968).

4. The words "or by Master of Faculties in England" omitted by s. 2 and the Schedule, ibid. (w.e.f. 15-8-1968).

5. Subs. by s. 2 and the Schedule, ibid., for "any part of India" (w.e.f. 15-8-1968).

6. Subs. by the A.O. (No. 3), 1956, for clause (g).

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

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