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Former Prime Minister H D Deve Gowda writes to PM Narendra Modi to drop the proposed Amendment to Section 5 of the Notaries Act, 1952 [Read Letter]

By Lawstreet News Network      Jan 24, 2022      0 Comments      7,866 Views
Former Prime Minister HD Deve Gowda Narendra Modi Notaries Act

Former Prime Minister H D Deve Gowda (1 June 1996 to 21 April 1997) writes to Prime Minister Narendra Modi to drop the proposed Amendment to Section 5 of the Notaries Act, 1952

Section 5 - Entry of names in the Register and issue or renewal of certificates of practice. - 

(1) Every notary who intends to practise as such [may], on payment to the Government appointing him of the prescribed fee, if any, be entitled - 

  1. to have his name entered in the Register maintained by that Government under section 4; and
  2. to a certificate authorizing him to practise for a period of [five years] from the date on which the certificate is issued to him.

[(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, renew the certificate of practice of any notary for a period of five years at a time.]

Amendment to sec 5 through the Notaries (Amendment) Bill, 2021

"Provided that after the commencement of the Notaries (Amendment) Act, 2001, no application for renewal of practice of any notary shall be considered for more than two terms, of five years each, after initial appointment of 5 years."

Thus, the initial act doesn't bar from the unlimited renewals, while the proposed amendment if passed will bar the notaries to a maximum practice of 15 years (one term + two extensions). This is the objection raised by former Prime Minister H D Deve Gowda. 

He further stated that "the transition of an Advocate to a Notary is permanent and irreversible. Law is dynamic in nature, and the Profession of Law is evolving at a pace faster than ever. In such a circumstance it is untenable to expect Notaries who haven't practised law for over 15 years to return to the Profession of Advocacy and compete with Experienced Advocates". 

Narendra ModiPM Narendra ModiPrime Minister Notaries Amendment Act 2001H D Deve GowdaArticle 14Article 19Article 19Article 21
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