Recently, the Union Ministry of Law & Justice emphasised the limitation of Notaries under the Notaries Act, 1952, ruling that they are not authorised to execute marriage or divorce deeds. The Court’s order highlighted the legal framework governing Notaries, which strictly defines their functions and duties. It reinforces that Notaries cannot issue Marriage Certificates or perform functions akin to a Marriage Officer, a role not conferred upon them by law.
The Notaries Act, 1952, and the Notaries Rules, 1956, regulate the profession of Notaries, permitting appointments only to qualified legal practitioners or others as prescribed. According to Section 8 of the Notaries Act, “the functions and duties of Notaries are enumerated in Section 8 thereof,” and “the transaction of business by a Notary is contained in Rule 11 of the Notaries Rules 1956.” It is clear from the plain reading of Section 8 and sub-rule (8) of Rule 11 that “execution of marriage or divorce affidavit is not the function of the Notary”. Notably, the High Courts of Orissa and Madhya Pradesh have also ruled against Notaries performing such functions, further clarifying their legal standing.
The Ministry reiterated that any actions by Notaries violating these provisions could be deemed professional misconduct. As stated in the directive, “Any acts or omissions thereof, on the part of the Notary would tantamount to misconduct, and the person complained against would be unfit to be a Notary.” Such misconduct may lead to disciplinary action under the Notaries Act and Rules, including potential removal from the Register of Notaries. The Ministry underscored the necessity for Notaries to adhere strictly to their defined roles, warning that deviations from the law would invite legal repercussions.