The Bombay High Court on Friday asked the Central government to consider the suggestions contained in an Amicus Curiae report with respect to the Notaries (Amendment) Bill, 2021 [Dhanlaxmi Chandu Devrukar v. The Town Planning and connected pleas]..An order to that effect was passed by a Bench of Justices SJ Kathawalla and Milind Jadhav after noting that the Department of Legal Affairs had published the Notaries (Amendment) Bill, 2021 (Bill) inviting comments and suggestions on the same by December 15, 2022."We deem it appropriate that the Registrar General of this Court forthwith forward a copy of this Order along with the report (of Amicus Curiae) dated December 9, 2021 submitted by the Learned Advocate Mr. Nausher Kohli, to the Department of Legal Affairs for their due consideration. We request the Department of Legal Affairs to give due consideration to this Order and the Report dated December 9, 2021 submitted by Mr. Nausher Kohli, Learned Advocate whilst enacting the Draft Bill," the Court directed.The order was passed after the Court noted with anguish the unprofessional manner in which advocates appointed as notaries were functioning with such lawyers often notarizing documents from vehicles parked in public parking and taxis."It has recently been observed that the Notaries have started notarizing documents from vehicles parked in a public parking lot instead of an office/chamber. It has also been observed that Notaries have been operating from public taxis around the vicinity of this Court.....which shows to what extent the legal profession has degraded causing anguish not only to the judiciary but also lowering the dignity of the profession in the eyes of general public,” the order stated.The Court had sought for suggestions/ recommendations regarding changes required in the Notaries Act and Rules framed so as to avoid any mischief being played by advocate, notary or party in the course of getting document notarised.Advocate Nausher Kohli had been appointed as Amicus Curiae to assist the Court..Kohli along with advocate Akash Agarwal proposed the following suggestions to the Bill:Use of technology: including for an updated list of registered Notaries;Amend Form XV which provides for maintaining a notary register;Implement practices from foreign jurisdictions: like Remote Online Notarization (RON);Authenticating insertions or alterations subsequent to document being notarized;Right to privacy: Protecting the confidential information in the register;Mandatory issuance of receipt for fees charged by notary;Fees charged should not exceed the rates mentioned in the Rules;Notaries should not operate from their office and certainly not from a public or private vehicle around the vicinity of Court..The Court remarked that after faultily carrying out notarization, the very purpose for which a document is required to be notarised is defeated as the Court is ignorant of the mischief played in relation to a particular document.“It is distressing to note that in some cases, even advocates support such illegal practices,” the Bench commented.The Court emphasized that in light of the cases coming to light about the fraudulent document, the Act and Rules required major reform.“In our considered opinion, undoubtedly, the Act and Rules framed thereunder are in pressing need for major reform. We are, on a daily basis, coming across matters wherein Notaries, Advocates and Parties are mischievously getting documents notarized,” the Court recorded.It was then pointed out that the Central government was mooting amendments to the law. The Court then proceeded to order that the Amicus report be sent to the Department of Legal Affairs to be considered while amending the Act..[Read Order]
