Notaries Ordinance, 1961

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 01e3a6529d2fa679b63bf883ee92565ea800cdf93f4960c645d2fa7c870330b2.

Page 1 of 6  
 
 
 
 
 
THE NOTARIES ORDINANCE, 1961 
 
 
 
CONTENTS 
 
PREAMBLE 
1. Short title extent and commencement 
2. Definitions 
3. Power to appoint notaries 
4. Registers 
5. Entry of names in the Register and issue or renewal of certificates of practice 
6. Annual publication of lists of notaries 
7. Seal of notaries 
8. Functions of notaries 
9. Bar of practice without certificate 
10. Removal of names from Register 
11. Construction of references to notaries public in other laws 
12. Penalty for falsely representing to be a notary, etc. 
13. Cognizance of offences 
14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries. 
15. Power to make rules 
16. Saving of Act XXVI of 1881 
 
 
 
 
 
 

 
 
Page 2 of 6  
THE NOTARIES ORDINANCE, 1961 
ORDINANCE NO. XIX OF 1961 
[14th June, 1961] 
 
An Ordinance to provide for and to regulate the profession of notaries in Pakistan 
WHEREAS it is expedient to provide for and to regulate the profession of notaries in Pakistan; 
 
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, 
and in exercise of all powers enabling him in that behalf the President is pleased to make and 
promulgate the following Ordinance: 
 
1. Short title, extent and commencement. ―(1) This Ordinance may be called the Notaries 
Ordinance, 1961.  
 
(2) It extends to the whole of Pakistan.  
 
(3) It shall come into force on such date 1as the 2 [Provincial Government] may, by notification 
in the official Gazette, appoint. 
 
2. Definitions. In this Ordinance, unless the context otherwise requires,― 
 
(a) “instrument” includes every document by which any right or liability is, or 
purports to be, cre ated, transferred, modified, limited, extended, suspended, 
extinguished or recorded; 
 
3[(b)  “Legal practitioner” means a legal practitioner as defined in the Legal 
Practitioners and  Bar Councils Act, 1973 (XXV of 1973);] 
 
(c)  “notary” means a person appointed as such under this Ordinance: 
 
4 
* * * * * * * 
(d) “prescribed” means prescribed by rules made under this Ordinance; 
 
(e) “Register” means a Register of Notaries to be maintained under section 4. 
(3). Power to appoint notaries. The 
5
* * * Provincial Government, for the whole or any part 
of the Province may, appoint as notaries any legal practitioners or other persons who possess such 
qualifications as may be prescribed. 
 
4. Registers.—(1) The 6* * * Provincial Government shall maintain, in such form as may be 
prescribed, a Register of the notaries appointed by that Government and entitled to Practice as such 
under this Ordinance. 
 
 
 1 This Ordinance has been brought into force in the Province of West Pakistan except the Tribal Areas with effect from the 5th January, 
 1966, see Gazette of West Pakistan, 1966, Ext., p. 33h. 
 2 Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”. 
 3 
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), S 3 and Sch., II. 
 4 Proviso omitted ibid. 
 5 The words “Central Government” for the whole or any part of Pakistan, and the “omitted by A.O., 1964, Art. 2 and Sch. 
 6
 The words “Central Government and the” omitted ibid. 
 
 
 
Page 3 of 6  
 (2) Every such Register shall include the following particulars about the notary whose name 
is entered therein, namely: 
 
(a)  his full name, date of birth, residential and professional address;  
 
(b)  the date on which his name is entered in the Register;  
 
(c)  his qualification; and  
 
(d)  any other particulars which may be prescribed. 
 
5. Entry of names in the Register and issue or renewal of certificates of practice. Every 
notary who intends to practise as such shall, on payment to the 1 [Provincial Government] of the 
prescribed fee, if any, be entitled― 
 
(a) to have his name entered in the Register maintained by that Government 
under section 4, and  
(b) to a certificate authorizing him to practise for a period of three years from 
the date on which the certificate is issued to him. 
 
2
[(2) Every such notary who wishes to continue to practise after the expiry of the period of 
three years referred to in clause (b) of sub­section (1) shall, at such time  before expiry of the said 
period as may be prescribed, submit to the Provincial Government an application for renewal of his 
certificate of practice accompanied by the prescribed fee. 
 
(3) On receipt of an application under sub­section (2) from a notary, the Provincial Government 
may, if, after such inquiry as it may deem fit, it is satisfied that the conduct of the notary during the  
preceding three years has been unobjectionable, renew the certificate of practice for a period of three  
years. 
 
(4) A person who has been in practice as a notary for a continuous period of six years shall not 
be appointed as a notary unless a period of not less than three years has elapsed since the expiry of the 
period for which his certificate of practice was renewed.] 
 
6. Annual publication of lists of notaries. The 
3
* * * Provincial Government shall, not later 
than                             the end of January each year, publish in the official Gazette a list of notaries appointed by that  
Government and in practice at the beginning of that year together with such details pertaining to them 
as may be prescribed. 
7. Seal of notaries. Every notary shall have and use, as occasion may arise, a seal of such 
form and design as may be prescribed. 
  
8. Functions of notaries.― (1) A notary may do all or any of the following acts by virtue of 
his office, namely: 
(a) verify, authenticate, certify or attest the execution of any instrument; 
 
 1 
Subs. ibid., for “Government appointing him”. 
 2
 Subs. by the Notaries (Amdt.) Ordinance, 1984 (51 of 1984), s. 2, for sub­section (2), which was previously amended by A.O., 1964, Art. 
 2 and Sch. 
 3
 The words “Central Government and every" omitted by A.O., 1964, Art 2. and Schedule. 
 
 
Page 4 of 6  
(b) present any promissory note, hundi or bill of exchange for acceptance or 
payment or demand better security; 
 
(c)  note or protest the dishonour by non­acceptance or non­payment of any 
promissory note,  hundi or bill of exchange or protest for better security or 
prepare acts of honour under the  Negotiable Instruments Act, 1881 (XXVI of 
1881), or serve notice of such note or protest; 
 
(d) note and draw up ship’s protest, boat’s protest or protest relating to demurrage 
and other commercial matters; 
 
(e) administer oath to, or take affidavit from, any person; 
 
(f) prepare bottomry and respondantia bonds, charter parties and other mercantile 
documents; 
 
(g) prepare, attest or authenticate any instrument intended to take effect in any 
country or place outside Pakistan in such form and language as may conform to 
the law of the place where such deed is intended to operate; 
 
(h) translate, and verify the translation of, any document from one language into 
another; 
 
  (i) any other act which may be prescribed.  
 
(2) No act specified in subsection (1) shall be deemed to be a notarial act except when it is done 
by a notary under his signature and official seal. 
 
9. Bar of practice without certificate.―(1) Subject to the provisions of this section, no person 
shall practise as a notary or do any notarial act under the official seal of a notary unless he holds a 
certificate of practice in force issued to him under section 5: 
 
Provided that nothing in this sub­section shall apply to the presentation of any promissory note, 
hundi or bill of exchange for acceptance or payment by the clerk of a notary acting on behalf of such  
notary. 
 
1
* * * * * * 
10. Removal of names from Register. The 
2
[Provincial Government] may, by order, remove 
from the Register maintained by it under section 4 the name of the notary if he 
 
(a)  makes a request to that effect; or 
 
(b)  has not paid any prescribed fee required to be paid by him; or 
 
(c)  is an undischarged insolvent; or 
 
(d)  has been found, upon inquiry in the prescribed manner, to be guilty  of such 
professional or other misconduct as, in the opinion of the Government, renders 
him unfit to practise as a notary. 
 
 1Sub­section (2) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II. 
 2Subs. by A.O., 1964, Art. 2 and Sch., for “Government appointing any notary”.  
 
 
Page 5 of 6  
11. Construction of references to notaries public in other laws. Subject to the provisions of 
section 16, any reference to a notary public in any other law shall be construed as a reference to a 
notary entitled to practise under this Ordinance. 
 
12. Penalty for falsely representing to be a notary, etc. Any person who―  
 
 (a)  falsely represents that he is a notary without being appointed as such, or  
 
 (b)  practises as a notary or does any notarial act in contravention of section 9, shall 
   be punishable with imprisonment for a term which may extend to three months, 
   or with fine, or with both. 
 
13. Cognizance of offence.―(1) No court shall take cognizance of any offence committed by 
a notary in the exercise or purported exercise of his functions under this Ordinance save upon 
complaint in writing made by an officer authorized by the 1* * * Provincial Government by general or 
special order in this behalf.  
 
(2) No magistrate other than a magistrate of the first class shall try an offence punishable under 
this Ordinance. 
 
14. Reciprocal arrangements for recognition of notarial acts done by foreign notaries. If 
the 2[Federal Government] is satisfied that by the law or practice of any country or place outside 
Pakistan, the notarial acts done by notaries within Pakistan are recognised for all or any limited 
purposes in tha t country or place, the 2[Federal Government] may, by notification in the official 
Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be 
recognised within Pakistan for all purposes or, as the case may be, for such limited purposes as may 
be specified in the notification. 
 
 15. Power to make rules.― (1) The 1 [Provincial Government] may, by notification in the 
official Gazette, make rules to carry out the purposes of this Ordinance. 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 
provide for all or any of the following matters, namely: 
 
(a)  the qualifications of a notary, the form and manner in which applications for 
appointment as a notary may be made and the disposal of such applicants; 
 
(b)  the certificates, testimonials or proofs as to character, integrity, ability and 
competence which any person applying for appointment as a not ary may be 
required to furnish; 
 
(c)  the fees payable for appointment as a notary and for the issue and renewal of a 
certificate of practice, and exemption, whether wholly or in part, from such fees 
in specified classes of cases; 
 
(d)  the fees payable to a notary for doing any notarial act; 
 
 
 1Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”. 
 
 
Page 6 of 6  
 (e)  the form of Registers and the particulars to be entered therein; 
 
 (f)  the form and design of the seal of a notary;  
  
 (g)  the manner in which inquiries into allegations or professional or other 
 misconduct of notaries may be made;  
 
 (h)  the acts which a notary may do in addition to those specified in section 8 and 
 the manner in which a notary may perform his functions. 
 
16. Saving of Act XXVI of 1881 . Nothing in this Ordinance affects the provisions of the 
Negotiable Instruments Act, 1881 (XXVI of 1881), or any appointment made in pursuance of section 
138 of that Act or the powers of any person so appointed.