Notary Public Council

Background

Before the Notary Public Act, 2063 B.S., came into force, there were no clear legal provisions about paper or deed certification, attestation, and translation. Works of paper certification or attestation were done by government officer-level staff, and the work of paper translation was done by the Law Book Management Committee. To make the work of paper attestation or certification accessible to the ordinary people and to make provision for the performance of the works of paper certification, attestation, and translation all over the country, the Notary Public Act, 2063 B.S., was issued. In this Act, there is provision made for 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 the Law Book Management Committee. Doing policy-level provision about the notary public, certificate distribution of the notary public, and regular monitoring of the works of the notary public to make it easily available and dignified, the Notary Public Council is established by the Notary Public Act.

Introduction of the Notary Public Council

Making provision to confirm the actual person who put the signature on the paper while making the paper, to control fraud works, and to cause the paper to be easily translated and to maintain the interest of ordinary people, the Notary Public Act, 2063, was published, being certified by the House of Representatives 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, were certified on Chaitra 14, 2063 (2007/03/28 A.D.), and up to now, there has been a 3rd amendment made in it. According to section 5(1) of the Notary Public Act, 2063, the Nepal Notary Public Council is formed, making the following members remain under the chairpersonship of the Attorney General.

a) Attorney General – Chairperson

b) President, Nepal Bar Association – Member

c) Secretary, Ministry of Law, Justice, and Parliamentary Affairs – Member

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

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 the Nepal Notary Public Council, the Office of the Council was conducted from the Office of the Attorney General. As the numbers of the Notary Public increased, they were required to establish distinct office to conduct effectively the work assigned to the Council by law. So, from Baishakh 2067 B.S. (2010 A.D.) up to now, the Council’s work is conducting the lease of the building of the Nepal Bar Council, situated at Kupandol, Lalitpur.

Functions of Notary Public Council

The Notary Public Council is a perpetual successor, an autonomous and corporate body. To make provisions to confirm the actual person who put the signature on the paper while making the paper, to control fraud or fraudulent works, and to attest to or certify and translate papers in an easy and available way are the main responsibilities of the Nepal Notary Public Council. To fulfill the said responsibilities, the following are the works of the Nepal Notary Public Council.

Works, duties, and rights of the 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 and notary public, to select them and to conduct training before distributing certificate to the Notary Public,

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

(e) Forming committee per requirement about the works to be performed by it, then prescribing 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 were 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 fixing fees and recovering them,

(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 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 online by computerizing the works of the Council as demanded by 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 a 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 doing its management,

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

(m) To take required initiation only to perform 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 from time to time, and

(n) To develop computer software, etc., of required details to certify the authenticity of the seal and signature of the notary public.