Updated: Monday January 20, 2014/AlEthnien
Rabi' Awwal 19, 1435/Somavara
Pausa 30, 1935, at 06:50:52 PM
The Azad
[Dated June 18, 1981]
No. 4329‑30/LD/Leg/81 In exercise of the powers
conferred by section 15 of the Notaries Ordinance, 1981,2 the Azad
Government of the State of Jammu and Kashmir is pleased to make the following
rules, namely:‑--
1. Short title and commencement.‑--- (1) These rules may be called the Azad Jammu and
Kashmir Notaries Rules, 1981.
(2) They shall come into force at once.
2. Definitions.‑-- In these rules, unless the context otherwise requires,
the following expressions shall have. the meaning hereby respectively assigned
to them, that is to say,---
(a) Competent authority means the officer or
authority designated as such by Government under rule 5;
(b) Form means the respective form appended to these
rules;
(c) Government means the Azad Government of the
State of
(d) Ordinance2 means the Notaries
Ordinance, 1981; and
(e) Section means the respective section of the
Ordinance.
3. Qualifications for appointment as a notary.‑---
No person shall be eligible for
appointment as a notary unless on the date of the application for such
appointment,---
(a) he is a notary public appointed by the Master of
Faculties in
(b) he has been practicing as a. legal practitioner
for at least five years.
4. Age.‑
(1) No person shall be appointed as notary who is less than twenty five years.
(2) A person appointed as notary shall cease to hold
office on his completing the sixty fifth year of his age.
5. Application for appointment as a notary.‑-- A person may make an application for appointment as a
notary (hereinafter called the applicant on the form of a memorial addressed
to such officer or authority, as Government my by notification, designate in
this behalf.
(2) The memorial shall be drawn in accordance with
Form‑1.
6. Preliminary action on application.‑---The competent authority shall examine every
application received by it and if it is satisfied that the applicant It does net
possess the qualifications specified in rule 3 or is not within the age group
specified in rule 4, shall reject it and inform the applicant accordingly.
7. Recommendations of the competent authority.‑---
(1) The competent authority, shall
after holding such enquiry as it thinks fit, make report to Government
recommending either that the application may be granted for the whole or any
part of the area to which the application relates or that it may be rejected.
(2) In making its recommendation under sub rule (1)
the competent authority shall have due regard to the following matters, namely:‑--
(a) Whether, having regard to the commercial
importance of the area in which the applicant proposes to practise and the
number of existing notaries practicing in the area, it is necessary to appoint
any additional notaries for the area;
(b) Whether the applicant ordinarily resides (in the
area) in which he proposes to practise as a notary;
(c) Whether, having regard to his knowledge and
experience of commercial law and the nature of the objections, if any, raised
in respect of his appointment as a notary and in the case of a legal
practitioner also to the extent of his practice the applicant is fit to be
appointed as a notary;
(d) Where the applicant belongs to a firm of legal
practitioners, whether having regard to the number of existing notaries in that
firm, it is proper and necessary to appoint any additional notary from that
firm; and
(e) Where applications from other applicants in
respect of the area are pending whether the applicant is more suitable than
such other applicants.
8. Appointment of a notary.‑---- (1) Government shall consider the report made to it by
the competent authority under rule 7, and may thereupon,---
(a) grant the application in respect of the whole or
part of the area to which it relates; or
(b) reject the application.
(2) The applicant shall be informed of the order
passed by Government under sub rule (1).
(3) Where the application is granted, Government shall
appoint the applicant as a notary and direct his name to be entered in the
register of notaries maintained under section 4 and issue to him certificate on
payment of prescribed fee authorizing him to practise in the area to which the
application relates or any such part thereof as Government may specify in the
certificate, as a notary for a period of three years from the date on which the
certificate is issued to him.
(4) The register of notaries under section 4 shall be
maintained by the Home Department in Form‑ II.
9. Extension of Area of practice.‑--- (1) A notary who holds certificate of practice in
respect of a particular area, may apply to Government for extension of his area
of practice, and Government may thereupon after considering the application and
other factors, pass such order thereon as it may deem fit.
(2) Any extension of the area of practice shall not
have the effect of extending the period of validity of the original certificate
beyond the period of three years prescribed under sub rule (3) of rule 8.
10. Fees for the issue, extension or renewal of
certificate of practice.‑--- The
fee for the issue, extension, renewal or duplicate copy of a certificate shall
be as follows,‑--
(i) issue of a certificate of practice as notary Rs.
100.00
(ii) extension of the area of practice. Rs. 50.00
(iii) renewal of certificate of practice Rs. 25.00
(iv) a duplicate of certificate. Rs. 5.00
11 Fees payable to a notary for doing
any notaries work.‑--- (1)
Every Notary shall be entitled to charge fees at the rate mentioned below:‑--
(a) For noting an instrument if the amount of
instrument does not exceed
Rs 1,000/‑ 5.00
if it exceeds Rs. 1,000/‑ but does not exceed
Rs. 5,000/‑ 8.00
if it exceeds Rs. 5,000/‑ but does not exceed
Rs. 20,000/‑ 12.00
if it exceeds Rs. 20,000/‑ but does not exceed
Rs.30,000/ 16.00
if it exceeds Rs. 30,000/‑ but does not exceed
Rs. 50,000/‑ 20.00
if it exceeds Rs. 50,000/‑ 25.00
(b) for protesting an instrument.
If the amount of the Instrument does not
exceed Rs. 1,000/ 10.00
If It exceeds Rs. 1,000/‑ but does not exceed
Rs. 5,000/‑ 12.00
if it exceeds Rs. 5,000/‑ but does not exceed
Rs. 20,000/‑ 15.00
if It exceeds Rs. 20,000/‑ but does not exceed
Rs. 30,000/‑ 18.00
If It exceeds Rs. 30,000/‑ but does not exceed
Rs. 40,000/‑ 21,00
If It exceeds Rs. 40,000/‑ but does not exceed
Rs. 50,000/. 24.00
if it exceeds Rs. 50,000/‑ but does not exceed
Rs. 60,000/‑ 27.00
if it exceeds Rs. 60,000/‑ but does not exceed
Rs. 70,000/‑ 30.00
if it exceeds Rs. 70,000/‑ but does not exceed
Rs. 80,000/‑ 33.00
if it exceeds Rs. 80,000/‑ but does not exceed
Rs. 90,000/‑ 36.00
if it exceeds Rs. 90,000/‑ but does not exceed
Rs.1,00,000/‑ 40.00
if it exceeds Rs. 1,00,000/‑ 50.00
(c) for recording, a declaration of payment for
honour, Rs.5.00;
(d) For duplicate protests, half the charge of
original;
(e) For verifying authenticating, certifying or
attesting the execution of any instrument, Rs. 5.00;
(f) For presenting any promissory note, hundi or bill
of exchange for acceptance or payment or demanding better security, Rs. 15.00;
(g) For administering oath to, or taking affidavit
from, any person, in relation to the matters enumerated in section 8, Rs. 2.50;
(h) For preparing any instrument intended to take
effect in any country or place outside Pakistan in such form and language as
may conform to the law of the place where such deed is intended to operate, Rs.
50.00;
(i) For attesting or authenticating any instrument
intended to take effect in any country or place outside Pakistan in such form
and language as may, conform to the law of the place where such deed is
intended to operate, Rs. 25/‑;
(k) For any other notaries work, such sum as
Government may fix from time to time.
(2) In addition to the fees specified in sub rule (1),
a notary shall be entitled to charge, when required to attend at any place more
than one mile from his office.
(a) Where the notary is a Government officer
travelling allowance in accordance with the Azad Kashmir Travelling Allowances
Rules; and
(b) Where the notary is not a Government Officer,---
(i) if the place he is required to attend is in the
same station as his office, Rs. 5.00;
(ii) if the place where he is required to attend is
not in the same station as his office, travelling allowance at the rate of
twenty paisa per mile for a journey by rail, and fifty paisa per mile for a
journey by road.
12. Transaction of Business by a Notary.‑--- (1) A notary in performing his functions under the
Ordinance shall use Forms III to XIV.
(2) Every notary shall maintain a book, with pages
consecutively numbered, known as notaries Register in which he shall record:---
(a) all declarations of payment for honour;
(b) verbatim copies issued by or protesting for
instrument and
(c) all certification and attestation of the execution
of instrument and fix his signature to each entry in the said Register.
(3) Each notary shall, before brining the notaries
register into use, acid a certificate on the title page specifying the number
of pages it contains. Such certificate shall be signed and dated by the notary.
(4) The District judge, or such officer as Government
may from time to time appoint in this behalf, may inspect the notaries register
at such times, not of not only than twice a year, as the District judge or the
Officer may fix.
(5) District Judges, and Officers appointed by
Government under sub rule (4) shall have power to make a report to Government
for taking action against notary.
(6) When the original instrument is in a language
other than English any noting or protest or entry in his register which has to
be made in respect of the instrument by a notary may be made either in that
language or in English.
(7) In making presentment of bills or notes, a notary
shall observe provisions of Chapter V of the Negotiable Instruments Act, 1881
(XXVI of 1881).
(8) A notary may, in addition to the functions
specified in clauses (a) to (h) of sub‑section. (1) of Section 8:---
(a) draw, attest or certify documents, including
conveyance of properties under his official seal;
(b) note and certify the general transaction relating
to negotiable instrument; and
(c) prepare a will or other testamentary document.
(9) Every notary shall grant a receipt for the fees
and charges realized by him and maintain a register showing all the fees and
charges realized.
13. Seal of Notary.‑---- Every notary shall use a plain circular seal, bearing,
if he has been appointed by name, his name and the name of the area for which
lie has been appointed to exercise his functions, and the circumscription Notary
and if he has been appointed by virtue of his office, the name of his officer
and of the area within which he has been appointed to exercise .his functions,
and the circumscription Notary.
14. Inquiry into allegations of professional and other
misconduct on the part of a Notary.‑ (1) Whenever there is any allegation of professional or other
misconduct on the part of a notary, Government may direct an inquiry to be made
by the competent authority into the allegation.
(2) The competent authority; after giving to the
person making the allegation as well as to the notary against whom such
allegation is made, an opportunity of being heard, and after taking into
consideration any evidence, oral and documentary, that may be produced before
it; shall make a report to Government.
(3) If Government, after considering. the report of
the competent authority, is of opinion that action should be taken against the
notary, Government may make an order, according to the nature and gravity of
the misconduct of the notary proved,‑‑‑
(a) cancelling the certificate of practice and
perpetually debarring the notary from practice; or
(b) suspending him from practice for a specified,
period; or
(c) letting him off with a warning
15. Submission of returns.‑--- Every notary shall, in the first week of January every
year, submit to Government an annual return of the notaries work done by him
during the preceding year.
16. Notary to have an office.‑---- Every notary shall have an office within the area
mentioned in the certificate issued to him under sub rule (3) of rule 8 and he
shall exhibit in a conspicuous place thereon a board showing his name and his
designation as a notary.
17. Adoption of forms‑--- If a notary has to deal with a case which does not in
terms attract any of the forms the notary should adopt the form which, so far
as may meet the requirement of such case, with such modifications thereto as he
thinks the exceptional peculiarities of the case justify.
FORM ‑ 1
(See sub rule (2) of role 5)
Memorial
The Memorial of (name of the applicant)
Sheweth;
1 That the Memorialist is a person eligible for
appointment as notary under the Notaries Ordinance 1981._____________ and the
Notaries Rules 1981. (here state the Memorialist is qualified for appointment
as notary)
2. That the Memorialist has resided in
. (Here
state the name of local areas Where he intends to practise) for upwards of
..(here state how long)
3. That the number of notaries practicing
at
is as follows:‑--
(here state name of the area inhere he intends to
practise)
Notaries
(Here state the member and the names of
the existing notaries).
4. That the average annual income of the memorialist
during the proceeding years is
(Here state the figure)
5. That the above number of notaries practicing in the
local area is insufficient for the requirements thereof (The grounds of the
statement should be added)
6. (Give any further particulars in support of the
application).
The Memorialist, therefore prays that the Government
be pleased to appoint and admit him as notary under and by virtue of the
Notaries Ordinance 1981________________ and Notaries Rules, 1981, to practise
in___________________ (here state the, name of the local area)
Dated
day of
1981.
Signature of Memorialist
_____________________________
FORM‑II
(See sub rule (5) of rule (8)
|
S.No |
Name |
Date of birth |
Residential |
Professional |
Qualification |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Area of |
Subsequent |
Remarks |
|
|
|
|
7 |
8 |
9 |
|
|
|
FORM‑III
FORM OF NOTICE FOR DISHONOUR
(See sub rule (1) of rule 12)
(To be made upon the instrument or upon n paper
attached thereto, or partly upon each.)
Reference to page in Notarial Register
Date of presentment and DISHONOUR by no acceptance/non
payment
Reason, if any assigned for DISHONOUR (or if the
instrument has not been expressly dishonored reason why holder treats it as
dishonored.
Date of note..............
Notarys charges Signature of Notary.
FORM IV
FORM OF NOTING FOR DISHONOUR
(See sub rule (1) of rule 12)
(To be entered in the Notarial Register)
(Copy of the bill and endorsement)
On the
day of
. 19
the above bill
was, at the request of
. (Here give tire name) presented by me for
acceptance to
. (Here give the name), the drawee personally at his
residence or usual place of business in................ (Town or village) and I
received the following answer:‑--
The said bill is therefore noted for non acceptance
Place and date
. Signature of Notary
(This note is to be signed in the margin by the notarys
clerk also if he presented the bill)
FORM V
(FORM OF PROTEST OF BILL OF EXCHANGE FOR NON‑ACCEPATANCE)
(See sub rule (1) of rule 12)
On the
day of
.19‑‑‑‑‑‑,
I
(here give the name) notary appointed under the Notaries Ordinance, 1981
of
. ...................... in
. at the request of
(here
give the name) of
.. did, at
. in person and having fail to do so
then by registered letter, cause due and customary presentment to be made to
and did demand acceptance of, the bill of exchange hereto annexed (or a
literal transcript whereof and of everything written thereon is hereto annexed‑)
from
.. (Here give the name), the person upon whom the said bill is drawn
to which demand lie made answer (state terms of answer) if any (or to which
demand he gave no answer), therefore, I, the said notary, at the request
aforesaid, by this writing, do, in the presence of (here give the name) and
.. (here give the name), witnesses, protest the drawer of the said bill of
exchange, and all other parties thereto and all other concerned for all
exchange, exchange, and all cots, damages, and interest present and to come for
want of acceptance of the said bill.
Which I attest
ignature of Witnesses 1
.. Signature of Notary
Should be of the locality) 2
FORM VI
FORM OF ACTS OF HONOUR
(See sub rule (1) of rule 12)
(A) Act of Honour on Acceptance (to be written at tire
foot of the protest) Afterwards appeared before me, the said notary, on the
. day of
..19
..(here give, the name) and declared that he would
accept the bill of exchange before protested under protest for the honour and
upon the account of ...........(here give the name), (the second) endorser on
the said bill.
Holding the second endorser and all other concerned always
bound and obliged to identify him, the said appearer, for his re*imbursement in
due form or law and according to custom.
Which I attest
Signature of Notary
Place and Date...........
(B) Act of Honour on payment (to be written at the
foot of the protest)
Afterwards appeared before me, the said notary, on
the........................ day of
19
. (Here give the name) and
declared that he would pay the bill of exchange before protested (here give the
name) the endorser on the said bill.
Holding the said endorser and all other concerned
always bound and obliged for reimbursement in due form of law and according to
custom.
Amount Rs.________________ Which I attest
Notarial Charges Rs. ________________ Signature of
Notary.
Received this
. day of
.. 19
. From (here give the name) the sum of Rs
the amount of the said
bill and notaries charges thereon.
FORM VII
FORM OF PROTEST OF BILL OF EXCHANGE FOR NON‑ACCEPTANCE
WHEN THE DRAWEE CANNOT BE FOUND
(See sub rule (1) of rule 12)
(A) Where search was male by notary in person.
On the
day of
. 19
I, (here give the
name) a notary appointed under the Notaries Ordinance, 1981 of
in
(here state the local area for which the notary has been appointed) in
at the request of..........................(here give the name), of .
did in person make the due search at for (here give the name), in order to
present and demand from him acceptance of the bill of exchange hereto annexed
(or a literal transcript whereof and everything written or printed thereon is
hereto annexed) which is drawn upon the said (here give the name) but was
unable to find him, therefore, I, the said notary at the request aforesaid, by
this writing, do, in the presence of
witnesses, protest against the drawer
of the said bill of exchange and re‑exchange and all costs, damages and
interest present and to come for want of acceptance of the said bill.
Signature of witnesses (1)
Which I attest
(should be. of the locality)
(2)
Signature of Notary,
Place and date ............
(8) Where registered letter was sent to the Drawee.
On the
day of
19
I,
(give
the name), in
(here state local area for which the notary has been
appointed) in
at the request of
(here give the name) of
did send by post a registered letter addressed to
(here give the name) at
wherein I endorsed and demanded from him acceptance of bill of exchange
hereto annexed (or a literal transcript whereof and everything written or
printed thereon is hereto annexed) which is drawn upon the said
(here give
the name) and
(here give the name), witness protest against the drawer
of the said bill of exchange and all other parties thereto and all other concerned
for all exchange, re‑exchange and all costs, damages and interest present
and to come for want of acceptance of the said bill.
Signature of witnesses Which I attest
(should be of locality) Signature of Notary
(1)
.. Place and date
(2) ......................
1 These rules have been reported from
AJ&K Gazette dated 18‑6‑1981, see issue
No. 185 Vol. XXVII
2. Now see the Notaries Act, 1985
Azad Jammu and Kashmir Notaries
Act, 1985
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