Notary is a public official appointed by the government to provide notarization services to the public. They include taking affidavits and authenticating documents. Notaries are governed by the Notaries Act, 1952 and the Notaries Rules, 1956. The number of notaries in Karnataka is limited by law to 1350, half of whom are appointed by the central government and the other half by the state government.
A casual glance at the system as practised in Mysore shows some major shortcomings.
1. The maximum amount that can be charged for various services provided by the notaries is fixed by Sec.10(1) of the Rules, but some notaries charge more than the limit. For example, the maximum fee for notarizing an affidavit is Rs. 10 and the fee for attesting true copies of original documents is Rs. 5 per page (minimum Rs. 10). These limits are frequently exceeded.
2. The Rules clearly state that the rates charged by a notary should be displayed in a conspicuous place inside as well as outside the notary's office. But such rate charts are rarely seen.
3. The Rules state that the notary should issue a receipt for the fees and charges realized, but this rule is also frequently violated.
4. Some notaries are not careful in checking the identity of the person appearing before them or in carefully going through the documents. Such carelessness defeats the very purpose of notarization. In some cases, this carelessness has escalated into almost contempt of law. We have a copy of a blank MUDA indemnity bond which has been notarized!
The licencing and the control of the notaries also leaves a lot to be desired. A person applying for the position of a notary should prove that the number of notaries practising in that area is insufficient. It is clear from this requirement that the intention of the law is to distribute the notaries equally all across the city and not concentrate them in certain areas. If one looks at the current distribution of notaries in Mysore, it is obvious that the intention of the law has been defeated.
The Rules state that an officer appointed by the government will periodically inspect all the notaries. The government must have been derelict because the problems mentioned above seem to be increasing with time.
Prarthana Kashinath, Mysore Grahakara Parishat