The Notary act of 1952 provides a provision to appoint a person having related knowledge of the work and should be the Advocate in the related tehsil.
Section 2, subsection (d) – this article defines the term ‘Notary’ and tells that a Notary is a person appointed under this act.
Section 3 of the act gives the authority to the central government to appoint a Notary in the whole part of India, and it also gives the authority to the State government as well to appoint any legal practitioner or any other person who has the related qualifications which are prescribed under this section, in any part of the state.
Duties of a Notary
- As we know that the duties of the Notary are being decided on the basis of the Notary act 1952 these are as follows-
- The duty of any Notary is to certify, attest, and make any instrument authenticate.
- In the Affidavits, it is the notary’s responsibility to administer oaths and witness the swearing by deponents.
- The Notary also retranslates the language of any document to the legal language.
- In the trials of criminal and civil cases, the responsibility of recording proof or evidence is possessed by the Notary and in some cases, it can act as a commissioner if he is directed to do so.
- In the Court, the Notary also functions as the arbitrator, counselor, and mediator.
