Required qualification to take certificate of the Notary Public
There is prescribed the following qualifications to be Notary Public in section 12 of Nepal Notary Public Act, 2063 B.S. Even such qualified person only after completing the process of Act or Rules may get certificate of the Notary Public.
(a) Legal professional who has unbroken practice law for 7 years, or
(b) The person separated remaining at least in 2nd class gazetted post of Nepal Justice Service.
Disqualifications of the Notary Public
There is prescribed disqualifications of the Notary Public in section 14 of the Notary Public Act, 2063. In short, the following are disqualifications.
(a) The person who has not passed examination held per section 11 for translator Notary Public.
(b) The person who has not qualification per section 12.
(c) The person who has obtained punishment confirming guilty by the Court of Justice for committing crime of murder, theft, dacoit, fraud or fraudulence, corruption, rape, transportation and consumption of narcotic drugs, human trafficking or other serious crimes of similar nature.
(d) The person who has no good conduct,
(e) Non-Nepali citizen.
(f) The person who is involvement of creditor.
(g) Mentally imbalanced person.
Process to obtain certificate of the Notary Public
There is made provision in section 10 of the Notary Public Act that no person may do the works of the Notary Public without obtaining certificate of the Notary Public. The persons who are qualified according to section 12 of the Notary Public Act, 2063 B.S. to obtain certificate of the Notary Public should apply in the prescribed form attaching prescribed fees according to section 14 of the Notary Public Act, 2063 B.S. If application is filed in such way, then the Council shall form a committee to make recommendation after doing inquiry of application. If the said committee recommends to distribute certificate to the applicant and while doing inquiry if their recommendation is found reasonable, then the Council providing required training to the Notary Public, taking guarantee from the applicant according to section 17 of the Notary Public Act, 2063B.S. will distribute certificate in the prescribed form. But for the translator Notary Public, they should be passed attending in the written examination of translator to be conducted by the Notary Public Council. Only then taking participation in training, applicants may obtain certificate of the Notary Public authorizing including to translate.
Examination must be passed to be a translator Notary Public
There is made provision in section 11 of the Notary Public Act, 2063 B.S. that examination of the Notary Public must be passed by the person who wants to take certificate to translate including the works of the Notary Public and to do particular works prescribed by the Notary Public Council. Currently, there is made provision to conduct examination in writing making the 1st paper translation from Nepali to English language and the 2nd paper from English to Nepali language making marks weightage 100 to each paper. The examinee who takes participation in the examination of the translator Notary Public must pass obtaining at least 80% in each paper, should take participation in the training to be conducted for the Notary Public, only then, they may obtain certificate including translation.
Duration of certificate and renewal
Duration of certificate distributed according to the Notary Public Act, 2063 B.S. will be for 5 years. There is provision made in section (14) of the Notary Public Act, 2063 B.S. that the said certificate must be renewed.
(a) To certify Deed,
(b) To translate paper from one language to another language, and
(c) To attest duplicate of original paper.
(d) But work of translation per clause (Kha) can be done only by the translator Notary Public. Working area (working district) of every Notary Public is mentioned in the certificate of the Notary Public. Therefore, no Notary Public may work beyond their territorial jurisdiction. No person may work as the Notary Public without obtaining certificate of the Notary Public.
Responsibilities of the Notary Public
There is made provision to be submitted report by the Notary Public in section 25 of the Notary Public Act, 2063 B.S. and rule 23 of the Notary Public Rules, 2063. Per it, preparing annual report of works performed by the Notary Public should be submitted in the concerned District Court of Justice and the Notary Public Council every year up to the last day of month of Baishakh. Every month details of works performed by the Notary Public who does Deed certification related to title transfer of immovable property must be sent in the concerned Land Revenue Office.