Before the Notary Public Act, 2063 B.S. came into force, there was no clear legal provisions about paper or deed certification, attestation and translation. Works of paper certification or attestation was done by Government Officer Level staff; and the work of paper translation was done by Law Book Management Committee. To make the work of paper attestation or certification accessible to the ordinary people and to make provision to be performed the works of paper certification, attestation, translation all over the country, Notary Public Act, 2063 B.S. was issued. In this Act, there is made provision of 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 Law Book Management Committee. Doing policy level provision about the Notary Public, certificate distribution of Notary Public, and regular monitoring of the works of the Notary Public, to make it easily available and dignified, Notary Public Council is established by the Notary Public Act.
Introduction of the Notary Public Council
Making provision to confirm actual person who put signature on the paper while making paper, to control fraud works, and caused to do the paper easily translated and to maintain interest of ordinary people; the Notary Public Act, 2063 was published being certified by the House of Representative 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 was certified on Chaitra 14, 2063 (2007/03/28 A.D.) and up to now, there is made 3rd amendment in it. According to section 5(1) of the Notary Public Act, 2063, Nepal Notary Public Council is formed making to be remained the following members under the chair personship of Attorney General.
a) Attorney General – Chairperson
b) President, Nepal Bar Association – Member
c) Secretary, Ministry of Law Justice and Parliamentary Affairs
d) Secretary, Law, the Office of the Prime Minister and Council of Ministers
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 Nepal Notary Public Council, Office of Council was conducted from the Office of Attorney General. As the numbers of the Notary Public increased, there required to establish distinct office to conduct effectively the works assigned to the Council by law. So, from Baishakh 2067 B.S. (2010 A.D.) to up to now, Council’s work is conducting taking on lease of building of Nepal Bar Council, situated at Kupandol, Lalitpur.
Functions of Notary Public Council
The Notary Public Council is perpetual successor, an autonomous and corporate body. To make provisions to confirm actual person who put signature on the paper while making paper, to control fraud or fraudulent works, and to be attested or certified and translated papers in easy and available way are the main responsibilities of Nepal Notary Public Council. To fulfill the said responsibilities, the following are the works of Nepal Notary Public Council.
Works, duties and rights of 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 Notary Public and to select them and to conduct training before distributing certificate to the Notary Public,
(d) To do monitoring whether the works performed by the Notary Public is according to this Act or Code of Conduct framed by the Council,
(e) Forming committee per requirement about the works to be performed by it, then to prescribe 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 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 to fix fees and to recover it,
(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 filed 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 updated through online by computerizing the works of the Council as demand of 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 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 to do its management,
(l) To make systematic the works of the Notary Public according to the prevailing law and practice,
(m) To take required initiation only to be performed 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 at time to time, and
(n) To develop computer software etc. of required details to certify authenticity of seal and signature of the Notary Public.