Updated: Saturday November 09, 2013/AsSabt Muharram 06, 1435/Sanivara Karthika 18, 1935, at 06:52:54 PM

The West Pakistan Notaries Rules, 1965

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 England; or

(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.

Notaries Ordinance, 1961

 

Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home