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  "title": "NOTARIES ORDINANCE, 1961",
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  "text": "THE NOTARIES ORDINANCE, 1961 \r\n(XIX of 1961) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Power to appoint notaries \r\n4. Registers \r\n5. Entry of names in the Register and issue or renewal of certificates of \r\npractice \r\n6. Annual publication of lists of notaries \r\n7. Seal of notaries \r\n8. Functions of notaries \r\n9. Bar of practice without certificate \r\n10. Removal of names from Register \r\n11. Construction of references to notaries public in other laws \r\n12. Penalty for falsely representing to be a notary, etc. \r\n13. Cognizance of offences \r\n14. [Omitted] \r\n15. Power to make rules \r\n16. Saving of Act XXVI of 1881 \r\n16A. [Omitted]  \r\nTEXT \r\nTHE NOTARIES ORDINANCE, 1961 \r\n(XIX of 1961) \r\n[14th June, 1961] \r\nAn \r\nOrdinance \r\nto provide for and to regulate the profession of notaries in \r\n1\r\n[the Punjab] \r\nWHEREAS it is expedient to provide for and to regulate the profession of \r\nnotaries in \r\n2\r\n[the Punjab]; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the seventh day of \r\nOctober, 1958, and in exercise of all po wers enabling him in that behalf the \r\nPresident is pleased to make and promulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Notaries Ordinance, 1961. \r\n(2) It extends to the whole of \r\n3\r\n[the Punjab]. \r\n4\r\n[(3) It shall come into force at once.] \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires,– \r\n5\r\n[(aa)  Government\" means Government of the Punjab;] \r\n(a) “instrument” includes every document by which any right or liability is, \r\nor purp orts to be, created, trans ferred, modified, limited, extended, \r\nsuspended, extinguished or recorded; \r\n6\r\n[(b) “Legal practitioner” means a legal practitioner as defined in the Legal \r\nPractitioners and Bar Councils Act, 1973 (XXXV of 1973);]  \r\n(c) “notary” means a person appointed as such under this Ordinance: \r\n7\r\n[* * * * * * * * * * *   ] \r\n(d) “prescribed” means prescribed by rules made under this Ordinance; \r\n(e) “Register” means a Register of Notaries to be maintained under section \r\n4\r\n8\r\n[; and] \r\n                                                 \r\n1Substituted for the word “Pakistan” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette \r\n(Extraordinary), dated: 24 March 2025, p. 3635, s 2.  \r\n2Substituted for the word “Pakistan” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette \r\n(Extraordinary), dated: 24 March 2025, p. 3635, s 2. \r\n3Substituted for the word “Pakistan” by the Act ibid. \r\n4Substituted for the words “ It shall come i nto force on such date as the 1 [Provincial Government] may, be notification in the \r\nofficial Gazette, appoint” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 24 March 2025, p. 3635, s. 3(b). \r\n5Added by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated: 24 March \r\n2025, p. 3635, s. 4(a). \r\n6Substituted by the Federal Laws (Revision and Declaration) Ordinance , 1981 (XXVII of 1981 ), w.e.f. 8.7.1981  s.3 and 2nd \r\nSchedule II. \r\n7Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and 2nd Schedule II. \r\n9\r\n[(ea) \"Secretary\" means Secretary to Government, Home Department.] \r\n3. Power to appoint notaries. – The \r\n10\r\n[ * * *  ] \r\n11\r\n[Secretary or any other officer \r\nauthorized by him in this behalf ], for the whole or any part of the Province, may  \r\nappoint as notaries any legal practition ers or o ther persons who possess such \r\nqualifications as may be prescribed. \r\n4. Registers.– (1) The \r\n12\r\n[ * * *] \r\n13\r\n[Secretary or any other officer authorized by him \r\nin this behalf ] shall maintain, in such form as may be prescribed, a Register of the \r\nnotaries appointed by \r\n14\r\n[him] and entitled to practise as such under this Ordinance. \r\n(2) Every such Register shall include the following particulars about the \r\nnotary whose name is entered therein, namely:– \r\n(a) his full name, date of birth, residential and professional address; \r\n(b)  the date on which his name is entered in the Register; \r\n(c) his qualification; and \r\n(d)  any other particulars which may be prescribed. \r\n5. Entry of names in the Register and issue or renewal of certificates of \r\npractice.– (1) Every notary who intends to  practise as such shall, on payment to the \r\n15\r\n[Provincial Government] of the prescribed fee, if any, be entitled– \r\n(a) to have his name entered in the Register maintained \r\n16\r\n[* * *]  under \r\nsection 4, and \r\n(b) to a certificate authorizing him to practi se for a per iod of three years \r\nfrom the date on which the certificate is issued to him. \r\n17\r\n[(2) Every such notary who wishes to continue to practise after the expiry of \r\nthe period of three years referred to in clause (b) of sub -section (1) shall, a t such \r\ntime before the  expiry of  the said period as may be prescribed, submit to the \r\n                                                                                                                                                        \r\n8Substituted by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3635, s. 4(b). \r\n9Added by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated: 24 March \r\n2025, p. 3635, s. 4(b). \r\n10Omitted the words “Central Government, for the whole or any part of Pakistan and the” by the Central Adaptation of Laws \r\nOrder, 1964, (P.O. No. I of 1964) w.e.f. 28.5.1964, Article.2 and Schedule. \r\n11Substituted for the words “ Provincial Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3635, s. 5. \r\n12Omitted the words “Central Government and the” by the Cent ral Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. \r\n28.5.1964, Article.2 and Schedule. \r\n13Substituted for the words “ Provincial Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3635, s. 6(a). \r\n14Substituted for the words “ Provincial Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3635, s. 6(b).  \r\n15Substituted for “ Government a ppointing him ” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. \r\n28.5.1964, Article.2 and Schedule. \r\n16Omitted by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3636, s. 7(a). \r\n17Substituted by the Notaries (Amendment) Ordinance, 1984 (LI of 1984), w.e.f 29.10.1984 s.2. \r\n18\r\n[Secretary or any other officer authorized by him in this behalf ] an application for \r\nrenewal of his certificate of practice accompanied by the prescribed fee. \r\n(3) On receipt of an application under sub -section (2) from a notary, the \r\n19\r\n[Secretary or any other officer authorized by him in this behalf ] may, if, after such \r\ninquiry as it may deem fit, it is satisfied that the conduct of the notary during the \r\npreceding three years has been unobjection able, renew the certificate of practi ce for \r\na period of three years  \r\n20\r\n[subject to satisfactory performance evaluation in the \r\nmanner as may be prescribed]. \r\n21\r\n[* * * * * * * * * * * *] \r\n6. Annual publication of lists of notaries .– The \r\n22\r\n[ * * * ] \r\n23\r\n[Secretary or any \r\nother officer authorized by him in this behalf ] shall, not later than the end of January \r\neach year, publish in the Official Gazette a list of notaries appointed by \r\n24\r\n[him] and in \r\npractice at the beginning of that year together with such details pertaini ng to them as \r\nmay be prescribed. \r\n7. Seal of notaries.– Every notary shall have and use, as occasion may arise, a \r\nseal of such form and design as may be prescribed. \r\n8. Functions of notaries .– (1) A notary may do all or any of the following acts \r\nby virtue of his office, namely:– \r\n(a) verify, authenticate, certify or attest the execution of any instrument; \r\n(b) present any promissory note, hundi or bill of exchange for acceptance \r\nor payment or demand better security; \r\n(c) note or protest the dis honour by non -acceptance or non -payment of \r\nany promissory note, hundi or bill of exchange or protest for better \r\nsecurity or prepare acts of honour under the Negotiable Instruments \r\nAct, 1881(XXVI of 1881), or serve notice of such note or protest; \r\n(d) note and draw up ship ’s protest, boat ’s protest or protest relating to \r\ndemurrage and other commercial matters; \r\n(e) administer oath to, or take affidavit from, any person; \r\n(f) prepare bottomry and respondantia bonds, charter parties and other \r\nmercantile documents; \r\n                                                 \r\n18Substituted for the words “ Provincial Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3636, s. 7(b). \r\n19Substituted for the words “ Provincial Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3636, s. 7(c)(i). \r\n20Added by the Notaries (Amendment)  Act 2025  (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3636, s. 7(c)(ii). \r\n21Omitted by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3636, s. 7(d). \r\n22Omitted the words “Central Government and every” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. \r\n28.5.1964, Article.2 and Schedule. \r\n23Substituted for the words “ Provincial Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3636, s. 8(a). \r\n24Substituted for the words “ that Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab \r\nGazette (Extraordinary), dated: 24 March 2025, p. 3636, s. 8(b). \r\n(g) prepare, attest or authenticate any instrument intended to take effect in \r\nany country or place outside Pakistan in such form and language as \r\nmay conform to the law of the place where such deed is intended to \r\noperate; \r\n(h) translate, and verify the translation of, any d ocument from one \r\nlanguage into another; \r\n(i) any other act which may be prescribed. \r\n(2) No act specified in sub-section (1) shall be deemed to be a notarial act \r\nexcept when it is done by a notary under his signature and Official seal. \r\n9. Bar of practice wit hout certificate .– \r\n25\r\n[*] Subject to the provisions of this \r\nsection, no person shall practi se as a notary or do any notarial act under the official \r\nseal of a notary unless he holds a certificate of practice in force issued to him under \r\nsection 5: \r\nProvided that nothing in this sub-section shall apply to the presentation of any \r\npromissory note, hundi or bill of exchange for acceptance or payment by the clerk of \r\na notary acting on behalf of such notary. \r\n26\r\n[(2) * * * * * * * * * * *   ] \r\n10. Removal of names from R egister.– The \r\n27\r\n[\r\n28\r\n[ Secretary or any other officer \r\nauthorized by him in this behalf ]] may, by order, remove from the Register \r\nmaintained by it under section 4 the name of the notary if he– \r\n(a) makes a request to that effect; or \r\n(b) has not paid any prescribed fee required to be paid by him; or \r\n(c)  is an undischarged insolvent; or \r\n(d) has been found, upon inquiry in the prescribed manner, to be guilty of \r\nsuch professional or other misconduct as, in the opinion of the  \r\n29\r\n[Secretary or any other officer authoriz ed by him in this behalf ], \r\nrenders him unfit to practise as a notary. \r\n11. Construction of references to notaries public in other laws .– Subject to \r\nthe provisions of section 16, any reference to a notary public in any other law shall \r\nbe construed as a reference to a notary entitled to practise under this Ordinance. \r\n12. Penalty for falsely representing to be a notary, etc.– Any person who– \r\n(a) falsely represents that he is a notary without being appointed as such, \r\nor \r\n                                                 \r\n25Omitted by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3636, s. 9. \r\n26Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and 2nd Schedule II. \r\n27Substituted for “Government appointing any notary” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. \r\n28.5.1964, Article.2 and Schedule. \r\n28Substituted for the words “ Provincial Government” by the Notaries (Amendment) Act 2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3636, s. 10(a). \r\n29Substituted  for the words “Provincial  Government” by the Notaries  (Amendment) Act  2025 (XX of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3636, s. 10(b).  \r\n(b) practises as a notary or does any nota rial act in contravention of \r\nsection 9, shall be punishable with imprisonment for a term which may \r\nextend to three months, or with fine,  \r\n30\r\n[which may extend up to five \r\nhundred thousand rupees but not less than one hundred thousand \r\nrupees] or with both. \r\n13. Cognizance of offences.– (1) No court shall take cognizance of any offence \r\ncommitted by a notary in the exercise or purported exercise of his functions under \r\nthis Ordinance save upon complaint in writing made by an officer authorized by the \r\n31\r\n[* * *] \r\n32\r\n[Secretary] by general or special order in this behalf. \r\n(2) No magistrate other than a magistrate of the first class shall try an \r\noffence punishable under this Ordinance. \r\n33\r\n[* * * * * * * * * * * * *   ] \r\n15. Power to make rules.– (1) The \r\n34\r\n[Provincial Government] may, by notification \r\nin the official Gazette, make rules to carry out the purposes of this Ordinance. \r\n(2) In particular, and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the following matters, namely:– \r\n(a) the qualifications of a notary, the form and manner in which \r\napplications for appointment as a notary may be made and the \r\ndisposal of such applications; \r\n(b) the certificates, testimonials or proofs as to character, integrity, ability \r\nand competence whi ch any person applying for appointment as a \r\nnotary may be required to furnish; \r\n(c) the fees payable for appointment as a notary and for the issue and \r\nrenewal of a certificate of practice, and exemption, whether wholly or in \r\npart, from such fees in specified classes of cases; \r\n(d) the fees payable to a notary for doing any notarial act; \r\n(e) the form of Registers and the particulars to be entered therein; \r\n(f) the form and design of the seal of a notary; \r\n(g) the manner in which inquiries into allegations or pro fessional or other \r\nmisconduct of notaries may be made; \r\n(h) the acts which a notary may do in addition to those specified in section \r\n8 and the manner in which a notary may perform his functions. \r\n                                                 \r\n30Added by the Notaries (Amendment)  Act 2025  (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3636, s. 11. \r\n31Omitted the word s “Central Government or a” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. \r\n28.5.1964, Article.2 and Schedule. \r\n32Substituted for the words “Provincial Government”  by the Notaries (Amendment) Act 2025 (XX of 2025), published in the  \r\nPunjab Gazette (Extraordinary), dated: 24 March 2025, p. 3636, s. 12. \r\n33Omitted by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3636, s. 13. \r\n34Substituted for “Central Government” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. 28.5.1964, \r\nArticle.2 and Schedule. \r\n16. Saving of Act XXVI of 1881 .– Nothing in this Ordinance aff ects the \r\nprovisions of the Negotiable Instruments Act, 1881 (XXVI of 1881) , or any \r\nappointment made in pursuance of section 138 of that Act or the powers of any \r\nperson so appointed.   \r\n35\r\n[\r\n36\r\n[* * * * * * * * * * * * *  ]] \r\n                                                 \r\n35This Ordinance was promulgated by the Governor of West Pakistan on 1 st December, 1969; published in the West Pakistan \r\nGazette (Extraordinary), dated 06.12.1969, pages 2189-90; saved by Article 281 of the interim Constitution of Pakistan (1972); \r\nand, validated by Act LXIII of 1975. \r\n36Omitted by the Notaries (Amendment) Act 2025 (XX of 2025), published in the Punjab Gazette (Extraordinary), dated : 24 \r\nMarch 2025, p. 3636, s. 14.",
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