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Introduction

 

Background

Before the Notary Public Act, 2063B.S. came into force, there was no clear

legal provisions about paper or deed certification, attestation and translation.

Works of paper certification or attestation was done by Government Officer

Level staff; and the work of paper translation was done by Law Book

Management Committee. To make the work of paper attestation or certification

accessible to the ordinary people and to make provision to be performed the

works of paper certification, attestation, translation all over the country, Notary

Public Act, 2063 B.S. was issued. In this Act, there is made provision of works

of paper certification or attestation and translation to be done by the Notary

Public which was previously being performed orderly by governmental officer

level personnel and Law Book Management Committee. Doing policy level

provision about the Notary Public, certificate distribution of Notary Public, and

regular monitoring of the works of the Notary Public, to make it easily available

and dignified, Notary Public Council is established by the Notary Public Act.

 

Introduction of the Notary Public Council

Making provision to confirm actual person who put signature on the paper while

making paper, to control fraud works, and caused to do the paper easily

translated and to maintain interest of ordinary people; the Notary Public Act,

2063 was published being certified by the House of Representative of Nepal on

Ashoj 28, 2063 B.S.(2006/10/11 A.D.) and came into force from Falgun 1,

2063(2007/02/03 A.D.) and the Notary Public Rules, 2063 was certified on

Chaitra 14, 2063 (2007/03/28 A.D.) and up to now, there is made 3rd amendment

in it. According to section 5(1) of the Notary Public Act, 2063, Nepal Notary

Public Council is formed making to be remained the following members under

the chairpersonship of Attorney General.

 

a) Attorney General - Chairperson

b) President, Nepal Bar Association - Member

c) Secretary, Ministry of Law Justice and Parliamentary Affairs

d) Secretary, Law, the Office of the Prime Minister and Council of Ministers

e) Secretary, Nepal Law Commission - Member

f) Secretary, Ministry of Land Reform and Management - Member

g) Secretary, Ministry of Foreign Affairs - Member

h) Registrar, Supreme Court of Justice - Member

 

Office of the Nepal Notary Public Council

From the very day of the establishment of Nepal Notary Public Council, Office

of Council was conducted from the Office of Attorney General. As the numbers

of the Notary Public increased, there required to establish distinct office to

conduct effectively the works assigned to the Council by law. So, from

Baishakh 2067 B.S. (2010 A.D.) to up to now, Council's work is conducting

taking on lease of building of Nepal Bar Council, situated at Kupandol, Lalitpur.

 

Functions of Notary Public Council

The Notary Public Council is perpetual successor, an autonomous and corporate

body. To make provisions to confirm actual person who put signature on the

paper while making paper, to control fraud or fraudulent works, and to be

attested or certified and translated papers in easy and available way are the main

responsibilities of Nepal Notary Public Council. To fulfill the said

responsibilities, the following are the works of Nepal Notary Public Council.

 

Works, duties and rights of Council according to the Notary Public Act, 2063 and the Notary Public Rules, 2063.

(a) To frame policies to be obeyed by the Notary Public and to do its implementation,

(b) To distribute certificate of the Notary Public,

(c) To conduct examination to test qualification for translator Notary Public and to select them; and to conduct training before distributing certificate to the Notary Public,

(d) To do monitoring whether the works performed by the Notary Public is according to this Act or Code of Conduct framed by the Council,

(e) Forming committee per requirement about the works to be performed by it, then to prescribe works, duties and rights of such Committee,

(f) To appoint auditor,

(g) To do other prescribed functions,

(h) To approve budget of the Council,

(i) To do required arrangement to protect and promote property of the Council,

(j) To direct secretary regarding the works of the Council,

(k) To do other works etc. to be done by the Council.

 

Other different responsibilities added by the decision of the Council made at different times.

(a) To do regular monitoring and co-ordination regarding the works of the Notary Public,

(b) Preparing details of late-fees to be taken from the Notary Publics who do not apply for report, bank guarantee and renewal, then to fix fees and to recover it,

(c) To do works prescribed by subject-wise (Bisayagat) Committees to be formed at time to time by the Council, Investigation Committee,Examination Committee and other Committees,

(d) To hear complaints at proper time filed against the Notary Publics and complaints filed about problems happened in order to the works to be done effectively by the Notary Public,

(e) To enhance the access to information doing information updated through online by computerizing the works of the Council as demand of time,

(f) To inform works, services and objectives of the Council to the ordinary people and concerned body and to do co-ordination,

(g) To make reliable arrangement to implement the provisions of Act, to do co-ordination with the concerned body, report in district level, bank guarantee, to fill new or renewal form and to make arrangement to do work through online service,

(h) Making annual work-schedule of the Council; per it, in planned way, to works in prescribed time,

(i) To inform at proper time the decisions of the Council to the concerned body,

(j) Doing resource collection and its proper management and mobilization required to do long-term institutionalization of the Council and to establish material-prerequisite completed modern office,

(k) Making reference library including research-oriented study, plan making, prevailing laws; gazette, different reference materials, books, informative publications related to the Notary Public and study materials, then to do its management,

(l) To make systematic the works of the Notary Public according to the prevailing law and practice,

(m) To take required initiation only to be performed the works prescribed by law as only to be performed by the Notary Public and to fix the fees to be taken by the Notary Public at time to time, and

(n) To develop computer software etc. of required details to certify authenticity of seal and signature of the Notary Public.

 

Required qualification to take certificate of the Notary Public

There is prescribed the following qualifications to be Notary Public in section 12 of Nepal Notary Public Act, 2063 B.S. Even such qualified person only after completing the process of Act or Rules may get certificate of the Notary Public.

(a) Legal professional who has unbrokenly practice law for 7 years, or

(b) The person separated remaining at least in 2nd class gazetted post of Nepal Justice Service.

 

Disqualifications of the Notary Public

There is prescribed disqualifications of the Notary Public in section 14 of the

Notary Public Act, 2063. In short, the following are disqualifications.

(a) The person who has not passed examination held per section 11 for

translator Notary Public,

(b) The person who has not qualification per section 12,

(c) The person who has obtained punishment confirming guilty by the Court of Justice for committing crime of murder, theft, dacoit, fraud or fraudulence, corruption, rape, transportation and consumption of narcotic drugs, human trafficking or other serious crimes of similar nature,

(d) The person who has no good conduct,

(e) Non-Nepali citizen,

(f) The person who is insolvement of creditor, and

(g) Mentally imbalanced person.

 

Process to obtain certificate of the Notary Public

There is made provision in section 10 of the Notary Public Act that no person

may do the works of the Notary Public without obtaining certificate of the

Notary Public. The persons who are qualified according to section 12 of the

Notary Public Act, 2063 B.S. to obtain certificate of the Notary Public should

apply in the prescribed form attaching prescribed fees according to section 14 of

the Notary Public Act, 2063 B.S. If application is filed in such way, then the

Council shall form a committee to make recommendation after doing inquiry of

application. If the said committee recommends to distribute certificate to the

applicant and while doing inquiry if their recommendation is found reasonable,

then the Council providing required training to the Notary Public, taking

guarantee from the applicant according to section 17 of the Notary Public Act,

2063B.S. will distribute certificate in the prescribed form. But for the translator

Notary Public, they should be passed attending in the written examination of

translator to be conducted by the Notary Public Council. Only then taking

participation in training, applicants may obtain certificate of the Notary Public

authorizing including to translate.

 

Examination must be passed to be a translator Notary Public

There is made provision in section 11 of the Notary Public Act, 2063 B.S. that

examination of the Notary Public must be passed by the person who wants to

take certificate to translate including the works of the Notary Public and to do

particular works prescribed by the Notary Public Council. Currently, there is

made provision to conduct examination in writing making the 1st paper

translation from Nepali to English language and the 2nd paper from English to

Nepali language making marks weightage 100 to each paper. The examinee

who takes participation in the examination of the translator Notary Public must

pass obtaining at least 80% in each paper, should take participation in the

training to be conducted for the Notary Public, only then, they may obtain

certificate including translation.

 

Duration of certificate and renewal

Duration of certificate distributed according to the Notary Public Act, 2063 B.S.

will be for 5 years. There is provision made in section (14) of the Notary Public

Act, 2063 B.S. that the said certificate must be renewed.

 

Works allowed to perform by the Notary Public

There is made provisions of the works allowing to be performed by the Notary

Public in section 19 of the Notary Public Act, 2063 B.S. Per it, the Notary

Publics who have obtained the Notary Public Certificate may perform the

following works.

(a) To certify Deed,

(b) To translate paper from one language to another language, and

(c) To attest duplicate of original paper.

(d) But work of translation per clause (Kha) can be done only by the

translator Notary Public.

Working area (working district) of every Notary Public is mentioned in the

certificate of the Notary Public. Therefore, no Notary Public may work beyond

their territorial jurisdiction. No person may work as the Notary Public without

obtaining certificate of the Notary Public.

 

Responsibilities of the Notary Public

There is made provision to be submitted report by the Notary Public in section

25 of the Notary Public Act, 2063 B.S. and rule 23 of the Notary Public Rules,

2063. Per it, preparing annual report of works performed by the Notary Public

should be submitted in the concerned District Court of Justice and the Notary

Public Council every year up to the last day of month of Baishakh. Every

month details of works performed by the Notary Public who does Deed

certification related to title transfer of immovable property must be sent in the

concerned Land Revenue Office.

Introduction

 

Background

Before the Notary Public Act, 2063B.S. came into force, there was no clear

legal provisions about paper or deed certification, attestation and translation.

Works of paper certification or attestation was done by Government Officer

Level staff; and the work of paper translation was done by Law Book

Management Committee. To make the work of paper attestation or certification

accessible to the ordinary people and to make provision to be performed the

works of paper certification, attestation, translation all over the country, Notary

Public Act, 2063 B.S. was issued. In this Act, there is made provision of works

of paper certification or attestation and translation to be done by the Notary

Public which was previously being performed orderly by governmental officer

level personnel and Law Book Management Committee. Doing policy level

provision about the Notary Public, certificate distribution of Notary Public, and

regular monitoring of the works of the Notary Public, to make it easily available

and dignified, Notary Public Council is established by the Notary Public Act.

 

Introduction of the Notary Public Council

Making provision to confirm actual person who put signature on the paper while

making paper, to control fraud works, and caused to do the paper easily

translated and to maintain interest of ordinary people; the Notary Public Act,

2063 was published being certified by the House of Representative of Nepal on

Ashoj 28, 2063 B.S.(2006/10/11 A.D.) and came into force from Falgun 1,

2063(2007/02/03 A.D.) and the Notary Public Rules, 2063 was certified on

Chaitra 14, 2063 (2007/03/28 A.D.) and up to now, there is made 3rd amendment

in it. According to section 5(1) of the Notary Public Act, 2063, Nepal Notary

Public Council is formed making to be remained the following members under

the chairpersonship of Attorney General.

 

a) Attorney General - Chairperson

b) President, Nepal Bar Association - Member

c) Secretary, Ministry of Law Justice and Parliamentary Affairs

d) Secretary, Law, the Office of the Prime Minister and Council of Ministers

e) Secretary, Nepal Law Commission - Member

f) Secretary, Ministry of Land Reform and Management - Member

g) Secretary, Ministry of Foreign Affairs - Member

h) Registrar, Supreme Court of Justice - Member

 

Office of the Nepal Notary Public Council

From the very day of the establishment of Nepal Notary Public Council, Office

of Council was conducted from the Office of Attorney General. As the numbers

of the Notary Public increased, there required to establish distinct office to

conduct effectively the works assigned to the Council by law. So, from

Baishakh 2067 B.S. (2010 A.D.) to up to now, Council's work is conducting

taking on lease of building of Nepal Bar Council, situated at Kupandol, Lalitpur.

 

Functions of Notary Public Council

The Notary Public Council is perpetual successor, an autonomous and corporate

body. To make provisions to confirm actual person who put signature on the

paper while making paper, to control fraud or fraudulent works, and to be

attested or certified and translated papers in easy and available way are the main

responsibilities of Nepal Notary Public Council. To fulfill the said

responsibilities, the following are the works of Nepal Notary Public Council.

 

Works, duties and rights of Council according to the Notary Public Act, 2063 and the Notary Public Rules, 2063.

(a) To frame policies to be obeyed by the Notary Public and to do its implementation,

(b) To distribute certificate of the Notary Public,

(c) To conduct examination to test qualification for translator Notary Public and to select them; and to conduct training before distributing certificate to the Notary Public,

(d) To do monitoring whether the works performed by the Notary Public is according to this Act or Code of Conduct framed by the Council,

(e) Forming committee per requirement about the works to be performed by it, then to prescribe works, duties and rights of such Committee,

(f) To appoint auditor,

(g) To do other prescribed functions,

(h) To approve budget of the Council,

(i) To do required arrangement to protect and promote property of the Council,

(j) To direct secretary regarding the works of the Council,

(k) To do other works etc. to be done by the Council.

 

Other different responsibilities added by the decision of the Council made at different times.

(a) To do regular monitoring and co-ordination regarding the works of the Notary Public,

(b) Preparing details of late-fees to be taken from the Notary Publics who do not apply for report, bank guarantee and renewal, then to fix fees and to recover it,

(c) To do works prescribed by subject-wise (Bisayagat) Committees to be formed at time to time by the Council, Investigation Committee,Examination Committee and other Committees,

(d) To hear complaints at proper time filed against the Notary Publics and complaints filed about problems happened in order to the works to be done effectively by the Notary Public,

(e) To enhance the access to information doing information updated through online by computerizing the works of the Council as demand of time,

(f) To inform works, services and objectives of the Council to the ordinary people and concerned body and to do co-ordination,

(g) To make reliable arrangement to implement the provisions of Act, to do co-ordination with the concerned body, report in district level, bank guarantee, to fill new or renewal form and to make arrangement to do work through online service,

(h) Making annual work-schedule of the Council; per it, in planned way, to works in prescribed time,

(i) To inform at proper time the decisions of the Council to the concerned body,

(j) Doing resource collection and its proper management and mobilization required to do long-term institutionalization of the Council and to establish material-prerequisite completed modern office,

(k) Making reference library including research-oriented study, plan making, prevailing laws; gazette, different reference materials, books, informative publications related to the Notary Public and study materials, then to do its management,

(l) To make systematic the works of the Notary Public according to the prevailing law and practice,

(m) To take required initiation only to be performed the works prescribed by law as only to be performed by the Notary Public and to fix the fees to be taken by the Notary Public at time to time, and

(n) To develop computer software etc. of required details to certify authenticity of seal and signature of the Notary Public.

 

Required qualification to take certificate of the Notary Public

There is prescribed the following qualifications to be Notary Public in section 12 of Nepal Notary Public Act, 2063 B.S. Even such qualified person only after completing the process of Act or Rules may get certificate of the Notary Public.

(a) Legal professional who has unbrokenly practice law for 7 years, or

(b) The person separated remaining at least in 2nd class gazetted post of Nepal Justice Service.

 

Disqualifications of the Notary Public

There is prescribed disqualifications of the Notary Public in section 14 of the

Notary Public Act, 2063. In short, the following are disqualifications.

(a) The person who has not passed examination held per section 11 for

translator Notary Public,

(b) The person who has not qualification per section 12,

(c) The person who has obtained punishment confirming guilty by the Court of Justice for committing crime of murder, theft, dacoit, fraud or fraudulence, corruption, rape, transportation and consumption of narcotic drugs, human trafficking or other serious crimes of similar nature,

(d) The person who has no good conduct,

(e) Non-Nepali citizen,

(f) The person who is insolvement of creditor, and

(g) Mentally imbalanced person.

 

Process to obtain certificate of the Notary Public

There is made provision in section 10 of the Notary Public Act that no person

may do the works of the Notary Public without obtaining certificate of the

Notary Public. The persons who are qualified according to section 12 of the

Notary Public Act, 2063 B.S. to obtain certificate of the Notary Public should

apply in the prescribed form attaching prescribed fees according to section 14 of

the Notary Public Act, 2063 B.S. If application is filed in such way, then the

Council shall form a committee to make recommendation after doing inquiry of

application. If the said committee recommends to distribute certificate to the

applicant and while doing inquiry if their recommendation is found reasonable,

then the Council providing required training to the Notary Public, taking

guarantee from the applicant according to section 17 of the Notary Public Act,

2063B.S. will distribute certificate in the prescribed form. But for the translator

Notary Public, they should be passed attending in the written examination of

translator to be conducted by the Notary Public Council. Only then taking

participation in training, applicants may obtain certificate of the Notary Public

authorizing including to translate.

 

Examination must be passed to be a translator Notary Public

There is made provision in section 11 of the Notary Public Act, 2063 B.S. that

examination of the Notary Public must be passed by the person who wants to

take certificate to translate including the works of the Notary Public and to do

particular works prescribed by the Notary Public Council. Currently, there is

made provision to conduct examination in writing making the 1st paper

translation from Nepali to English language and the 2nd paper from English to

Nepali language making marks weightage 100 to each paper. The examinee

who takes participation in the examination of the translator Notary Public must

pass obtaining at least 80% in each paper, should take participation in the

training to be conducted for the Notary Public, only then, they may obtain

certificate including translation.

 

Duration of certificate and renewal

Duration of certificate distributed according to the Notary Public Act, 2063 B.S.

will be for 5 years. There is provision made in section (14) of the Notary Public

Act, 2063 B.S. that the said certificate must be renewed.

 

Works allowed to perform by the Notary Public

There is made provisions of the works allowing to be performed by the Notary

Public in section 19 of the Notary Public Act, 2063 B.S. Per it, the Notary

Publics who have obtained the Notary Public Certificate may perform the

following works.

(a) To certify Deed,

(b) To translate paper from one language to another language, and

(c) To attest duplicate of original paper.

(d) But work of translation per clause (Kha) can be done only by the

translator Notary Public.

Working area (working district) of every Notary Public is mentioned in the

certificate of the Notary Public. Therefore, no Notary Public may work beyond

their territorial jurisdiction. No person may work as the Notary Public without

obtaining certificate of the Notary Public.

 

Responsibilities of the Notary Public

There is made provision to be submitted report by the Notary Public in section

25 of the Notary Public Act, 2063 B.S. and rule 23 of the Notary Public Rules,

2063. Per it, preparing annual report of works performed by the Notary Public

should be submitted in the concerned District Court of Justice and the Notary

Public Council every year up to the last day of month of Baishakh. Every

month details of works performed by the Notary Public who does Deed

certification related to title transfer of immovable property must be sent in the

concerned Land Revenue Office.

 

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