Lok Sabha Question No. 3249 (UNSTARRED), answered on 2017-03-22
Subject: Appointment of Notary
Ministry: LAW AND JUSTICE
Asked by: NANABHAU FALGUNRAO PATOLE, R. GOPALAKRISHNAN, PARBHUBHAI NAGARBHAI VASAVA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 3249 nd

## TO BE ANSWERED ON 22 MARCH 2017

## Appointment of Notary

## † 3249 SHRI NANA PATOLE:

## SHRI R.GOPALAKRISHNAN:

## SHRI PARBHUBHAI NAGARBHAI VASAVA:

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

- (a) whether the Government issues orders for appointment of advocates to practice as Notary in all the courts of the country;
- (b) if  so,  the  details  of  number  of  Notary  Advocates  appointed  during  the  last  three years, State/Court-wise including Maharashtra;
- (c) whether the services of these Notary Advocates are for a specific period/years and their services are to be renewed after their term ends and if so, the details thereof;
- (d) the number of certificates of Notaries have been renewed during the last year and the current year, State/Court-wise;
- (e) the number of requests for seeking renewal of their certificates to practice as Notary that are pending with the Government for approval/renewal, Court-wise/State-wise; and
- (f) the criteria adopted by the Government to appoint notaries in the states?

## ANSWER

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

- (a) The Notaries  Act,  1952  and  the  rules  made  thereunder  do  not  provide  for  Courtwise  vacancies  and  therefore,  the  department  does  not  maintain  the  details  of appointed notaries Court-wise. However, Rule 3 of the Notaries Act, 1952 empowers the Central Government to appoint advocates as Notary in any part of the Country.
- (b) State-wise  number  of  notaries  appointed  during  last  three  years  may  be  seen  at Annexure-1.
- (c) Section 5(1)(b) of the Notaries act, 1952 provides that the services of Notaries are valid  for  a  period  of  five  years  only.  Further,  section  5(2)  of  the  Act  provides  for renewal of Certificate of Practice for a period of five years at a time.
- (d) The State-wise number of Certificates of Notaries renewed during the last year and the current year may be seen at Annexure-2. Court-wise data is not maintained in view of point (a) above.
- (e) Approximately  530  requests  for  renewal  of  Notary  Certificates  are  pending  with Government. State-wise details may be seen at Annexure-3. Court-wise data is not maintained in view of point (a) above.
- (f)     Rule 3 to Rule 8 of the Notaries Rules, 1956 governs the criteria for appointment of Notaries.  The  Central  Government  appoints  Notaries  in  the  States  strictly  in  accordance with the provisions of these rules.

## Annexure-1 Number of Notaries appointed by Central Government  during the last three years

| State               | 2014   | 2015   | 2016   |
|---------------------|--------|--------|--------|
| Andaman &Nicobar    | -      | -      | -      |
| Andhra Pradesh      | 80     | -      | -      |
| Arunachal Pradesh   | -      | -      | -      |
| Assam               | -      | -      | -      |
| Bihar               | -      | -      | -      |
| Chandigarh          | -      | -      | 24     |
| Chhattisgarh        | -      | -      | -      |
| Delhi               | 90     |        | -      |
| Dadra& Nagar Haveli | -      | -      | -      |
| Daman& Diu          | -      | -      | -      |
| Goa                 | 4      | -      | -      |
| Gujarat             | -      | -      | 658    |
| Himachal Pradesh    | -      | -      | -      |
| Haryana             | -      | -      | 203    |
| Jharkhand           | -      | -      | -      |
| Jammu & Kashmir     | -      | -      | -      |
| Kerala              | -      | -      | -      |
| Karnataka           | -      | -      | 329    |
| Lakshadweep         | -      | -      | -      |
| Meghalaya           | -      | -      | -      |
| Maharashtra         | 165    |        | -      |
| Manipur             | -      | -      | -      |
| Mizoram             | -      | -      | -      |
| Madhya Pradesh      | -      | -      | -      |
| Nagaland            | -      | -      | -      |
| Odisha              | -      | -      | -      |
| Punjab              | -      | -      | 170    |
| Pondicherry         | 5      |        | -      |
| Rajasthan           | -      | -      | 600    |
| Sikkim              | -      | -      | -      |
| Tamil Nadu          | 170    |        | -      |
| Tripura             | -      | -      | -      |
| Telangana           | -      | -      | -      |
| Uttar Pradesh       | 183    | -      | -      |
| Uttarakhand         | 3      | -      | -      |
| West Bengal         | -      | -      | -      |

## Annexure-2

## Number of Notary Certificates Renewed during last year and current year

| State               | 2016 &2017   |
|---------------------|--------------|
| Andaman &Nicobar    | -            |
| Andhra Pradesh      | 54           |
| Arunachal Pradesh   | -            |
| Assam               | 2            |
| Bihar               | 13           |
| Chandigarh          | 8            |
| Chhattisgarh        | -            |
| Delhi               | 46           |
| Dadra& Nagar Haveli | -            |
| Daman& Diu          | -            |
| Goa                 | 1            |
| Gujarat             | 223          |
| Himachal Pradesh    | 2            |
| Haryana             | 165          |
| Jharkhand           | 2            |
| Jammu & Kashmir     | -            |
| Kerala              | 94           |
| Karnataka           | 171          |
| Lakshadweep         | -            |
| Meghalaya           | -            |
| Maharashtra         | 381          |
| Manipur             | -            |
| Mizoram             | -            |
| Madhya Pradesh      | 16           |
| Nagaland            | -            |
| Odisha              | 5            |
| Punjab              | 128          |
| Pondicherry         | -            |
| Rajasthan           | 76           |
| Sikkim              | -            |
| Tamil Nadu          | 171          |
| Tripura             | 2            |
| Telangana           | 10           |
| Uttar Pradesh       | 228          |
| Uttarakhand         | 8            |
| West Bengal         | 23           |
| Total               | 1829         |

## Annexure-3

## Number of Notary Certificates Pending for Renewal

| State               | Number of Certificates pending for renewal   |
|---------------------|----------------------------------------------|
| Andaman &Nicobar    | -                                            |
| Andhra Pradesh      | 21                                           |
| Arunachal Pradesh   | -                                            |
| Assam               | -                                            |
| Bihar               | 1                                            |
| Chandigarh          | 8                                            |
| Chhattisgarh        | 2                                            |
| Delhi               | 19                                           |
| Dadra& Nagar Haveli | -                                            |
| Daman& Diu          | -                                            |
| Goa                 | -                                            |
| Gujarat             | 37                                           |
| Himachal Pradesh    | -                                            |
| Haryana             | 54                                           |
| Jharkhand           | -                                            |
| Jammu & Kashmir     | -                                            |
| Kerala              | 33                                           |
| Karnataka           | 32                                           |
| Lakshadweep         | -                                            |
| Meghalaya           | -                                            |
| Maharashtra         | 79                                           |
| Manipur             | -                                            |
| Mizoram             | -                                            |
| Madhya Pradesh      | 2                                            |
| Nagaland            | -                                            |
| Odisha              | 2                                            |
| Punjab              | 53                                           |
| Pondicherry         | -                                            |
| Rajasthan           | 22                                           |
| Sikkim              | -                                            |
| Tamil Nadu          | 61                                           |
| Tripura             | 1                                            |
| Telangana           | 3                                            |
| Uttar Pradesh       | 86                                           |
| Uttarakhand         | 2                                            |
| West Bengal         | 12                                           |
| Total               | 530                                          |