The Notaries Act, 1952

Section 15. Power to make rules

In force · As amended up to 2026-08

15. Power to make rules.— (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 1. Ins. by Act 25 of 1968, s. 2 and the Sch. (w.e.f. 15-8-1968). 2. Ins. by Act 36 of 1999, s. 5, for "or" (w.e.f. 17-12-1999). 3. Subs. by s. 6, ibid ., for "three months" (w.e.f. 17-12-1999). *. Vide notifin. 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. (a) the qualifications of a notary, the form and manner in which applications for appointment as a notary may be made and the disposal of such applications; (b) the certificates, testimonials or proofs as to character, integrity, ability and competence which any person applying for appointment as a notary may be required to furnish; 1 [(c) the fees payable for appointment as a notary and for the issue and renewal of a certificate of practice, area of practice or enlargement of area of practice and exemption whether wholly or in part, from such fees in specified classes of cases;] (d) the fees payable to a notary for doing any notarial act; (e) the form of Registers and the particulars to be entered therein; (f) the form and design of the seal of a notary; (g) the manner in which inquiries into allegations of professional or other misconduct of notaries may be made; (h) the acts which a notary may do in addition to those specified in section 8 and the manner in which a notary may perform his functions; (i) any other matter which has to be, or may be, prescribed. 2[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 16. [ Amendment of Act 26 of 1881.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s . 2 and Sch. I . 1. Subs. by Act 36 of 1999, s. 7, for clause (c) (w.e.f. 17-12-1999). 2. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). STATEMENT OF OBJECTS AND REASONS "Under Section 138 of the Negotiable Instruments Act, 1881, the Government of India have the power to appoint notaries public, but only for the limited purpose of performing functions under that Act. By virtue of an ancient English Statute, the Master of Faculties in England used to appoint notaries public in India for performing all recognised notarial functions, but it is no longer appropriate that persons in, this country who with to function as notaries should derive their authority from an in situation in the United Kingdom. The object of the present Bill is to empower the Central and State Governments; to appoint notaries, not only for the limited purposes of the, Negotiable Instruments Act, but generally for all recognised notarial purposes, and to regulate the profession of such notaries. A Bill on the subject was accordingly introduced in the provisional Parliament on the 19th April, 1951 and referred to a Select Committee on the 18th August, 1951. The report of the Select Committee was presented on the 4th October, 1951, but the Bill could not be proceeded with in the last Session of Parliament for want of time and, therefore, lapsed. Apart from one or two minor drafting changes, the present Bill follows closely the Notaries Bill, 1951, as amended by the Select Committee." NEW DELHI: C.C. BISWAS. The 15[th] May , 1952.

Source: India Code