Updated: Saturday November 09, 2013/AsSabt
Muharram 06, 1435/Sanivara
Karthika 18, 1935, at 06:52:54 PM
The
1. Short title, extent and
commencement.-
These rules maybe called the West Pakistan Notaries Rules, 1965.
(2) They shall come into
force at once.
2. Definitions.- In these rules, unless
the context otherwise, requires, the following expressions hall have the
meanings here respectively assigned to them, that is to say,---
(a) “Competent authority”
means to 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
Government of Wes Pakistan;
(d) “Ordinance” means the
Notaries Ordinance, 1961 (XIX of 1961; and
(e) “Section” means the
respective section of the Ordinance.
3. Qualification 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 last five years.
4. Age.- (1) No person shall be
appointed as Notary who is less than thirty years.
(2) A person appointed as
notary shall cease to hold office on 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”) in the form of a memorial addressed to
such officer or authority, as Government may, 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 it and if it
satisfied that the applicant does not 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
maybe ranted 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 matter, namely:---
(a) Whether the applicant
ordinarily, resides (in the area) in which he proposes to practice as a notary;
(b) whether, having regard
to the commercial importance of the area in which the applicant proposes to
practice and the number of existing notaries practicing in the area, it is
necessary to appoint any additional notaries for the areas;
(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, application
belong to a firm of legal practitioner, 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
form other applicants in respect of the area are pending, whether the applicant
is more suitable that 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 a certificate on payment of prescribed fee authorizing him to
practice in the area to which the applicant relates or any such part thereof as
Government may specify in the certificate, as a notary for a period of three
year 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 hold a 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 other factors pass such orders 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 of renewal of Certificate of Practice.- The fees for the issue,
extension , renewal or duplicate copy o a certificate shall be as follows:---
(i) Issue of a certificate
of practice as Notary. 100.00
(ii) Extension of the area
of practice. 50. 00
(iii) Renewal of
certificate of practice. 25.00
(iv) a duplicate of
certificate. 5.00
11. Fees payable to a
notary for doing any notarial work-. (1) Every Notary shall be entitled to
charge fees at the rate mentioned below:---
(a) For noting as
instrument if the amount of instrument does not exceed Rs. 1000 Rs.5.00.
If it exceeds Rs. 1000 but
does not exceed Rs. 5000.00 Rs. 8.00
If it exceeds Rs. 5000 but
does not exceed Rs. 20000.00 Rs. 12.00
If it exceeds Rs. 20000 but
does not exceed Rs. 30000.00 Rs.16.00
If it exceeds Rs. 30000 but
does not exceed Rs. 50000.00 Rs. 20.00
If it exceeds Rs. 50000
Rs.35.00
(b) For protesting an
instrument-. If it amount of the instrument des not exceed Rs. 1,000 Rs.10.00
If it exceeds Rs. 1000 but
does not exceed Rs. 5000.00 Rs.12.00
If it exceeds Rs. 5000 but
does not exceed Rs. 20000.00 Rs.15.00
If it exceeds Rs. 20000 but
does not exceed Rs. 30000.00 Rs.18.00
If it exceeds Rs. 30000 but
does not exceed Rs. 40000.00 Rs.21.00
If it exceeds Rs. 40000 but
does not exceed Rs. 50000.00 Rs.24.00
If it exceeds Rs. 50000 but
does not exceed Rs. 60000.00 Rs.27.00
If it exceeds Rs. 60000 but
does not exceed Rs. 70000.00 Rs.30.00
If it exceeds Rs. 70000 but
does not exceed Rs. 80000.00 Rs.33.00
If it exceeds Rs. 80000 but
does not exceed Rs. 90000.00 Rs. 36.00
If it exceeds Rs. 90000 but
does not exceed Rs. 100000.00 Rs.40.00
If it exceeds Rs. 100000
Rs.50.00
(c) For recording
declaration of payment for honor 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 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 an 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
plac where such deed is interceded to operate, Rs. 25.00.
(j) For translating and
verifying the translation of any document form one language into another Rs.
25.00.
(k) For any other notarial
work, such sum as Government may fix from time to time.
(2) In addition to the fees
specified in sub rule (i), a notary shall be entitled to charge, when required
to attend at any place more than one mile from his office.
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