Lok Sabha Question No. 4447 (UNSTARRED), answered on 2016-12-14
Subject: Appointment of Notaries
Ministry: LAW AND JUSTICE
Asked by: RAMSINH PATALYABHAI RATHWA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 4447 TO BE ANSWERED ON 14 th DECEMBER 2016

## Appointment of Notaries

## 4447  SHRI RAMSINH RATHWA:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the number of State and Central Notaries Licensed during the last three years under the Notaries Act, State-wise;
- (b) the criteria for granting Notary Public License in the country;
- (c) whether the Government has received proposals from various State Governments to enhance the number of notaries in the country;
- (d) if so, the details thereof; and
- (e) the action taken/being taken by the Government in this regard?

## ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY)

- (a) The Central Government does not maintain the data relating to Notaries licensed by the State Governments. However, a statement showing the Notaries Licensed by the Central Government under the Notaries Act, 1952 during the last three years is at Annexure-1.
- (b)    The notaries are appointed in accordance with the provisions of Notaries Act, 1952 and Notaries Rules, 1956. Rule 3 to Rule 7A of the Notaries Rules governs the criteria for appointment of notaries in the country.
- (c), (d) & (e)   As regards, proposal from various State Governments to enhance the number of Notaries in the country, the same have been enhanced by the Gazette Notification No.429 (E) dated 18.04.2016 which is attached herewith as Annexure-2.

## Annexure-1 Number of Notaries appointed by Central Government

## during the last Three years

| State                | 2014   | 2015   | 2016   |
|----------------------|--------|--------|--------|
| Andaman &Nicobar     | -      | -      | -      |
| Andhra Pradesh       | 79     | -      | -      |
| Arunachal Pradesh    | -      | -      | -      |
| Assam                | -      | -      | -      |
| Bihar                | -      | -      | -      |
| Chandigarh           | -      | -      | 24     |
| Chhattisgarh         | -      | -      | -      |
| Delhi                | 86     | 1      | -      |
| Dadra & Nagar Haveli | -      | -      | -      |
| Daman& Diu           | -      | -      | -      |
| Goa                  | -      | -      | -      |
| Gujarat              | 4      | -      | 658    |
| Himachal Pradesh     | -      | -      | -      |
| Haryana              | 1      | -      | 203    |
| Jharkhand            | -      | -      | -      |
| Jammu & Kashmir      | -      | -      | -      |
| Kerala               | 2      | -      | -      |
| Karnataka            | 4      | -      | 329    |
| Lakshadweep          | -      | -      | -      |
| Meghalaya            | -      | -      | -      |
| Maharashtra          | 27     | 159    | 1      |
| Manipur              | -      | -      | -      |
| Mizoram              | -      | -      | -      |
| Madhya Pradesh       | -      | -      | -      |
| Nagaland             | -      | -      | -      |
| Odisha               | -      | -      | -      |
| Punjab               | 1      | -      | 170    |
| Pondicherry          | -      | 5      | -      |
| Rajasthan            | 1      | -      | 600    |
| Sikkim               | -      | -      | -      |
| Tamil Nadu           | -      | 171    | -      |
| Tripura              | -      | -      | -      |
| Telangana            | -      | -      | -      |
| Uttar Pradesh        | 72     | 106    | 1      |
| Uttarakhand          | 3      | -      | -      |
| West Bengal          | -      | -      | -      |

## [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART II, SECTION 3, SUB SECTION (i) ]

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE (Department of Legal Affairs) NOTIFICATION

New Delhi, the  18 th April, 2016

G.S.R……(E  )-In  exercise  of  the  powers  conferred  by  section  15  of  the Notaries Act, 1952 (53 of 1952), the Central Government hereby makes the following rules further to amend the Notaries Rules, 1956, namely :-

1. (1)     These rules may be called the Notaries (Amendment) Rules, 2016. (2)     They shall come into force on the date of their publication in the Official

Gazette.

2. In the Notaries Rules 1956, (hereinafter referred to as the said rules), in rule  7,  in  sub-rule  (3),  after  clause  (e),  the  following  proviso  shall  be inserted, namely:-

'Provided that in respect of categories (b) and (c), if the memorial in  Form  II  is  found  to  be  in  order,  the  competent  authority  may issue  certificate  of  practice  as  Notary  directly  by  exempting appearance before the Interview Board'.

3. In the said rules, in rule 7A, after sub-rule (2) the following proviso shall be inserted, namely:-

'Provided that the appropriate Government may dispense with the condition  of  holding  of  interviews  for  which  reasons  are  to  be recorded in writing'.

4. in rule 8, in sub-rule, (4A) after the second proviso, the following proviso shall be inserted, namely:-

'Provided also that in case, request for enhancement of quota is received  from  Union  territory  or  the  State  concerned,  the  same shall be considered as per the following criteria:-

- (a) if  there  is  an  increase  in  the  population  of  the  concerned State or the Union  territory;
- (b) if  there  is  increase  in  the  number  of  districts  or  tehsil  or taluka of the concerned State or Union territory '.
5. In the said rules, in the Schedule, in column (1) :-
- (i) against serial number '1' relating to 'Andhra Pradesh', in column. (2), for the figures '575', the figures '865' and in column (3), for the figures '863', the figures '1306 shall respectively be substituted;
- (ii) against serial number '2' relating to 'Bihar', in column (3), for the figures '925', the figures '1925' shall be substituted;
- (iii) against serial number '4' relating to Gujarat', in column (2), for the figures '1173', the figures '1760' shall be substituted;
- (iv) against  serial number '5' relating to 'Kerala', in  column (2), for the figures '704', the figures '1000' shall be substituted;
- (v) against serial number '6' relating to 'Madhya Pradesh', in column (3), for the figures '1688', the figures '2500' shall be substituted;
- (vi)    against serial number '7' relating to 'Tamil Nadu', in column (2), for the figures '907', the figures '1360' and in column (3), for the figures '1088', the figures '2500' shall respectively be substituted;
- (vii) against serial number '8' relating to 'Maharashtra', in column (2), for the figures '2463', the figures '3700' shall be substituted;
- (viii)    against  serial  number  '9'  relating  to  'Karnataka',  in  column  (2), for the figures '844', the figures '1266' shall be substituted;
- (ix) against serial number '12' relating to 'Rajasthan', in column (2), for the figures'1000', the figures '1500' and in column (3), for the figures '1200', the figures '2000' shall respectively be substituted;
- (x) against    serial  number  '14'  relating  to  West  Bengal,  in  column (3), for the figures '2625', the figures '3625' shall be substituted;
- (xi) against serial number '27' relating to Chhattisgarh, in column (3), for the figures '600', the figures '1350' shall be substituted;
- (xii) against serial number '29' relating to Delhi, in column (2), for the figures '610', the figures '1000' shall be substituted.

{F.No.N-15011/1/2015-NC}

(  G.S.Yadav ) Joint Secretary and Legal Adviser

Note:-  The  principal  rules  were  published  in  the  Gazette  of  India,  Part  II, Section  3,    Sub-section  (i) vide number  S.R.O.  324,  dated  14.02.1956  and subsequently amended by G.S.R.370  (E), dated 08.07.1997, G.S.R.547 (E), dated  31.8.1998,    G.S.R.17  (E),  dated  05.01.2000,  G.S.R.262  (E),  dated 28.03.2000, G.S.R.630 (E), dated 21.07.2000, G.S.R.172 (E), dated 12.03.2001, G.S.R.330 (E), dated 09.05.2001, G.S.R.460 (E), dated 25.06.2001, G.S.R.467 (E), dated 09.06.2003, G.S.R.296 (E), dated 19.05.2006, G.S.R.441  (E), dated 24.07.2006, G.S.R.501  (E)  dated 24.08.2006, G.S.R.73 (E), dated 09.02.2007, G.S.R.86 (E), dated 14.02.2007, G.S.R.319 (E) dated 01.05.2007 read with G.S.R.330 (E) dated 08.05.2007, G.S.R.686 (E), dated 31.10.2007, G.S.R.51 (E), dated 23.01.2008, G.S.R.636 (E), dated 03.09.2008, G.S.R.764 (E) dated 03.11.2008, G.S.R.114 (E) dated 24.02.2009, G.S.R.700 (E) dated 24.09.2009, G.S.R.843 (E) dated 25.11.2009, G.S.R. 808(E), dated 14.11.2011, G.S.R 49(E) dated 25.01.2012, G.S.R 632 (E) dated 14.08.2012, G.S.R 662 (E) dated 31.08.2012 and G.S.R 150 (E) dated 04.03.2014.