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Short title.
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1 This Ordinance may be cited for all purposes as the Notaries Ordinance.
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Appointment of notary by warrant of the Minister.
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2. Every appointment to the office of notary shall be by warrant granted by the Minister, and shall specify the area within which, and the language or languages in which, the person appointed is authorized to practice.
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Attorneys-at-law, qualified for admission as notaries-
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3. Every attorney-at-law who has passed the prescribed examination in conveyancing either before or after his admission as such attorney-at-law or has been admitted without examination in virtue of a legal qualification in the United Kingdom or elsewhere, requiring a pass in conveyancing shall be entitled, on application, to a warrant authorizing him to practice as a notary in the language in which he has passed the examination in conveyancing within the judicial zone in which he resides.
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Qualifications of other persons for notarial appointment.
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4.
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(1) The Minister may appoint as notaries persons other than attorneys-at-law ; Provided that such persons-
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(a) are of good character and repute ;
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(b) are of the age of twenty years ;
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(c) have been articled clerks, licensed as hereinafter provided, of an attorney-at-law and have duly served as such for two years ; and
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(d) have passed an examination prescribed by the Minister and are reported to be duly qualified by the Registrar- General.
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(2) Every notary appointed under subsection (1) on or after the 1st day of May, 1951, shall be entitled to practice within the judicial zone in which he resides.
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Notaries practicing in Judicial division deemed to practice in judicial zone.
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4A. Every warrant issued to a notary under the provisions of section 3* or section 4* authorizing him to practice as a notary in any judicial division in which he resides, shall be deemed to authorize him to practice as a notary in the judicial zone in which he resides.[*This is a reference to sections 3 and 4 prior to their amendment by Law No. 20 of 1976 and Law No. 24 of 1973]
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Condition to be fulfilled before notary authorized to practice in one language can practice in another language.
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5. A notary, who is authorized by warrant to practice in any particular language, shall be entitled, on passing such examination in any other language as may be prescribed by the Minister, to a warrant authorizing him to practice in that other language.
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Number of articled clerks how determined.
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6. The number of articled clerks to be licensed for and in each district shall be limited and determined by an Order to be issued from time to time by the Minister.
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Admission of articled clerks and notaries.
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7. The admission of persons to be articled clerks and notaries shall be subject to the regulations in the First Schedule, which shall be in force until revoked, amended, or altered by regulations made under section 8.
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The Minister may make regulations for admission of articled clerks and notaries.
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8. The Minister may from time to time revoke, amend, or alter such regulations, or may make new regulations. All regulations so made, and any revocation, amendment, or alteration of a regulation shall be published in the Gazette.
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Notary bound to have his office within his jurisdiction.
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9. Every notary shall be bound to have his office within the area specified in his warrant ; and any notary infringing this provision shall be liable to have his warrant withdrawn by the Minister.
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Number and situation of notary’s offices.
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10.
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(1) No notary shall have more than two offices.
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(2)
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(a) No notary who is an attorney-at-law shall, for the purposes of his profession as a notary, have any office at any place other than-
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(ii) an office maintained and used by him for the purposes of his profession as an attorney-at-law.
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(b) Where any notary who is an attorney-at-law has two offices for the purposes of his profession as a notary, one of such offices shall be at his residence :
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Provided, however, that any such notary may, if authorized in that behalf in writing under the hand of the Registrar-General, have both such offices at places described in paragraph (a) (ii) of this subsection
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Minister’s power to change the zone within which a notary is authorized, to practice.
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11 The Minister may on application made in that behalf grant to a notary, having a warrant authorizing him to practice within a judicial zone, a fresh warrant authorizing him to practice within another judicial zone.
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Notary to make declaration and give security.
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12.
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(1) Every person to whom a warrant has been granted to practice as a notary shall before commencing to practice-
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(a) make and sign before the High Court Judge having jurisdiction over the area specified in the warrant a declaration in the form C in the Second Schedule ;
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(b) execute a bond in favour of the Republic in the amount of two thousand rupees, conditioned for the due and faithful discharge of his duties as a notary, which amount shall be secured either by the hypothecation of immovable property or by the deposit of movable property (such immovable or movable property being property belonging to himself or some other person), or by the guarantee of the Insurance Corporation* ; and [*The reference to “an approved guarantee company” is replaced by a reference to the Insurance Corporation consequent to the amendment to section 2 (d) of the Public Officers’ Security Ordinance by Act No. 4 of 1968]
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(c) file in the High Court holden in such zone an attested copy of his warrant.
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(2) Every bond referred to in paragraph (b) of subsection (1) shall be signed in the presence of the High Court Judge having jurisdiction over the area specified in the warrant of the notary :
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Provided that the guarantee of the Insurance Corporation* may be signed on behalf of the Corporation in the registered office of the Corporation.[*The reference to “an approved guarantee company” is replaced by a reference to the Insurance Corporation consequent to the amendment to section 2 (d) of the Public Officers’ Security Ordinance by Act No. 4 of 1968]
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Penalty for practicing as notary with out warrant, &c.
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13. If any person shall practice or act as or exercise the office or functions of a notary without having obtained such warrant as aforesaid, or without having made and signed such declaration and given such bond and security as aforesaid, or without having filed an attested copy of his warrant, every such person shall be guilty of an offence, and liable on conviction thereof to a fine not less than ten thousand rupees and not exceeding fifty thousand rupees, or to simple or rigorous imprisonment for any period not exceeding three years, or to such fine as well as such imprisonment.
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Discharge of Insurance corporation.
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14.
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(1) Any person who has given security on behalf of a notary by the hypothecation of immovable property or by the deposit of movable property, or the Insurance Corporation bound as surety to a notary, may apply to the High Court Judge having jurisdiction over the area specified in such notary’s warrant to be discharged from any liability incurred by such person or such Corporation under section 12.
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(2) The High Court Judge to whom any person or such Corporation applies under subsection (1) for a discharge of such person’s or such Corporation’s liability may, if he is satisfied that such person or such Corporation has given six weeks’ notice to the notary of his or its intention to make such application and that such person or such Corporation has good cause for claiming such discharge, endorse on the bond an order discharging such person or such Corporation from any liability in respect of any act of the notary done after the date of the order.
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When notary to furnish fresh security.
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16.*
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(1) If at any time the security given by or on behalf of any notary shall perish or is lost or if any person who has given security by the hypothecation of immovable property or by the deposit of movable property or the Insurance Corporation bound as surety is discharged under section 14 (2) from liability, the notary shall execute a fresh bond in accordance with the provisions of section 12.
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(2) If in any case to which subsection (1) applies any notary shall practice or act as a notary without having executed a fresh bond as provided in that subsection, he shall be guilty of an offence and liable on conviction thereof to the punishment provided in section 13.
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[*Section 15 is omitted consequent to the amendment to section 2 (d) of the Public Officers'(Security) Ordinance by Act No. 4 of 1968]
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Enrolling of notaries in the High Court.
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17. Upon a notary making and signing the declaration and giving the security required by section 12 the High Court Judge shall, without fee or reward, enroll his name and the date of his admission as a notary in a roll or book to be provided and kept for that purpose in the High Court holden in the relevant zone, and shall file the said declaration and bond, together with an attested copy of such warrant, of record in the said court.
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List of notaries lo be posted in the courts.
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18.+
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(1) A list of all persons authorized to act as notaries within any zone shall be kept at all times posted in some conspicuous place at the High Court holden in the zone for general information.
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(2) The Registrar of the court shall from time to lime, as occasion may require, correct the said list by striking therefrom the names of any notaries who have died or been struck off the roll of notaries, or have left the said zone, or ceased to practice as notaries therein.
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(3) The Registrar shall on the thirtieth day of June and the thirty-first day of December in each year forward to the Registrar-General a copy of such list corrected up to date, and to each of the several District Courts, Family Courts and Primary Courts within the zone a corrected list of notaries entitled to practice within the jurisdiction of such District Courts, Family Courts and Primary Courts respectively.
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(4) Each District Judge, Judge of the Family Court and Judge of the Primary Court shall cause the list so received by him to be affixed to some conspicuous place on the wall of his court.
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[+The reference to Magistrates’ Courts in subsections (3) and (4) of this section is omitted and replaced by reference to Primary Courts, as the civil jurisdiction of Magistrates’ Courts was taken over by Primary Courts.
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Suspension of notary from office.
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19.
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(1) Where a notary has been indicted before the High Court, the Minister may, on the application of the Attorney-General, suspend him from the office of notary pending his trial. If the notary shall be acquitted, or shall not be brought to trial within six months after his suspension, the same shall cease to be in force and shall be deemed to be removed.
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(2) Where a notary, who is an attorney-at-law, has been suspended from his office as attorney-at-law, he shall during the period of the suspension be disqualified from discharging the duties of a notary.
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Cancellation of notary s warrant.
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20. If any notary shall be lawfully convicted of any offence which, in the opinion of the Minister, renders him unfit to be entrusted with any responsible office, or if any such person, being an attorney-at-law, shall be duly removed from the office of attorney-at-law, every such person shall become disqualified for the office of notary, and the warrant granted to him shall be cancelled.
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Inquiry into notary & &c misconduct or incapacity.
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21.
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(1) It shall be the duty of the High Court Judge within whose jurisdiction a notary resides, upon being satisfied, after due inquiry, that such notary –
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(a) has been guilty of any offence, whether in his capacity of notary or otherwise, which in the opinion of the High Court Judge renders him unfit to be entrusted with the duties of a notary ; or
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(b) has grossly misconducted himself in the discharge of the duties of his office ; or
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(c) has so conducted himself by repeated breaches of any of the rules made by or under this Ordinance that he ought not to be any longer entrusted with the performance of the said duties ; or
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(d) has been convicted three times or oftener for a violation or disregard of or neglect to observe the provisions of rule (26) in section 31; or
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(e) has proved himself by reason of incompetence, age, physical or mental infirmity, or otherwise, incapable of discharging the duties of his office with advantage to the public,
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to report the same in writing to the Minister with the evidence taken at the inquiry.
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(2) Where the report is to the effect that the notary has been guilty of any such offence or misconduct as is mentioned in clauses (a), (b), (c), or (d) of the last preceding subsection, the Minister may cancel the warrant of such notary, or may suspend him from office for such period as may appear just. Where the report is to the effect that the notary is incapable of discharging his duties with advantage to the public, the Minister may cancel his warrant or may require him to resign his office within a specified time, and in default of such resignation may cancel his warrant.
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(3) For the purposes of such inquiry the High Court Judge shall have power to require the attendance before himself of the notary and of any witnesses, and the production of any document that the High Court Judge may deem material, and to examine such witnesses on oath or affirmation, and to examine such notary without oath or affirmation.
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(4) Any person required to attend and be examined or to produce a document as aforesaid, who shall without reasonable cause fail to comply with such requirement, shall be guilty of an offence, and liable on conviction to a fine not less than two thousand five hundred rupees and not exceeding fifty thousand rupees.
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(5) No statement made by the notary at the inquiry shall be used in any criminal prosecution instituted against him.
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Resignation of office.
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22.
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(1) If a notary applies to the Resignation of Registrar-General in writing to resign from office. and to cease to act in the office of notary, the Registrar-General shall forthwith forward the application to the Minister who may accept such resignation as from the date desired by the notary.
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(2) When a notary has resigned under this section his warrant shall be deemed to be cancelled for the purposes of sections 23, 24, 25 and 26.
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(3) Notwithstanding such resignation a notary shall continue to remain subject to the provisions of this Ordinance and all rules contained therein or made thereunder in respect of all things done or omitted by him in the exercise of his functions as notary prior to the resignation.
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Certificate of cancellation or suspension of warrant to be transmitted to and posted in the local courts.
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23.*
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(1) Whenever a notary’s warrant has been cancelled or a notary has been suspended from office, notice thereof shall be given in the Gazette, and a certificate that such warrant has been cancelled or notary suspended shall be transmitted, by the Secretary to the Ministry, to the courts. Registrar-General and to the High Court Judge and several District Judges, Judges of the Family Courts and Judges of the Primary Courts within whose jurisdiction such notary shall have been authorized to act.
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(2) The High Court Judge of the court in which the name of such notary is enrolled shall in the case of the cancellation of the notary’s warrant cause his name to be immediately struck off the roll of notaries, and in the case of the notary’s suspension from office, shall note the fact in the roll opposite his name.
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(3) A copy of such certificate, with a translation in the Tamil and English languages subjoined thereto, shall be kept posted in some conspicuous place at every such High Court, District Court. Family Court and Primary Court for such period as the court may direct.
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[* See the footnote to section 18]
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Penalty on notary practicing after notice of suspension, &c.
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24. If any person shall act as or exercise the office or functions of a notary after having received notice of any such suspension as aforesaid, and before the same shall have been removed, or after having been convicted of any offence disqualifying him for the said office, or after having been removed from the office of attorney-at-law as hereinbefore mentioned, or after having received notice that the warrant granted to him has been cancelled or withdrawn as aforesaid, he shall be guilty of an offence, and be liable on conviction thereof to a fine not less than ten thousand rupees and not exceeding fifty thousand rupees, or to imprisonment, simple or rigorous, for any period not exceeding three years, or to such fine as well as such imprisonment.
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Minister may revoke cancellation of warrant.
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25.
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(1) In any case in which a notary’s warrant shall have been withdrawn or cancelled under the provisions of this Ordinance, the Minister may make an order revoking such withdrawal or cancellation, and issue a fresh warrant authorizing him to practice within the area in which he was practicing immediately preceding such withdrawal or cancellation or within some other area.
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(2)* Notice of such order shall be given in the Gazette, and a copy thereof shall be transmitted, by the Secretary to the Ministry, to the High Court Judge having jurisdiction over the area specified in the fresh warrant issued under subsection (1) of this section, and to the several District Judges, Judges of the Family Courts and the Judges of the Primary Courts having jurisdiction within the said area and to the Registrar-General.[*See the footnote to section 18]
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Restoration to or insertion in, the roll of notaries of the notary’s name. &c.
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26.
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(1) Upon receipt of a notice transmitted under section 25 (2) by a High Court Judge, he shall, if the notary’s fresh warrant is produced before him, restore to, or insert in, the roll of notaries such notary’s name.
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(2) The High Court Judge restoring to, or inserting in, the roll of notaries the name of a notary shall require fresh security to be provided by such notary in terms of section 12.
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(3) Every notary, whose name has been restored to, or inserted in, the roll of notaries under subsection (1) of this section and who has furnished fresh security in terms of section 12 shall be entitled to execute the office of a notary in conformity with the authority given to him by his fresh warrant.
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Certificates to be granted yearly to notaries by Registrar of the high court.
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27.
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(1) It shall be the duty of every Registrar of the High Court holden in every zone, on the application of any person entitled to practice as a notary within the jurisdiction of such court, to issue to him a certificate that such person is a notary and duly authorized to practice as such therein.
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(2) All such certificates shall be applied for and granted on or before the first day of March in every year, and shall be in force for one year and no longer : Provided, however, that if such certificate shall not be applied for within the time limited, and it shall be shown to the satisfaction of the High Court Judge that the delay was due to accident, misfortune or other unavoidable cause, the High Court Judge may direct the Registrar to issue the required certificate notwithstanding such delay as aforesaid.
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(3) Such certificate shall be in the form D in the Second Schedule, and shall bear a stamp duty of ten rupees : Provided that it shall be lawful for the Minister to authorize the issue of any such certificate on unstamped paper in any case in which the circumstances of any zone or place appear to him to render such a proceeding necessary or advisable.
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Notaries applying for certificates to make declaration.
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28.
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(1) For the purpose of obtaining such certificate a declaration in writing, signed by such notary, containing the following particulars :-
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(a) his name and place or places of residence ;
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(b3) the exact situation of his office or of each of his offices ;
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(c) the area in which he is authorized to practice;
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(d) whether at any time since the date of the last declaration, if any, made by him under this section, the security given by or on behalf of him has perished or been lost, or any person who has given security by the hypothecation of immovable property or by the deposit of movable property, or the Insurance Corporation has been discharged under section 14 (2) from liability,
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shall be delivered to the said Registrar, who shall, as soon as conveniently may be after the delivery of such declaration (unless he shall see cause and have reason to believe that the party applying for such certificate is not upon the roll of notaries or not authorized to practice as such in such zone or has not furnished security as required by this Ordinance), deliver to the said notary such certificate as aforesaid.
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(2) Where a notary, who is an attorney-at- law, specifies in the declaration referred to in subsection (1), more than one residence, he shall in addition set out in that declaration which one of those residences he intends to use or uses as an office,
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(3) If any person shall make any false statement in any such declaration, he shall be guilty of an offence, and be liable on conviction to a fine not less than five thousand rupees and not exceeding fifty thousand rupees.
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On refusal by Registrar to grant any certificate, application lo be made to the High Court.
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29.
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(1) In case the said Registrar shall decline to issue any such certificate to any notary as aforesaid, the notary may apply to the High Court holden in such zone, which is hereby authorized to make such order in the matter as shall be just. Appeal to Court of Appeal.
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(2)* Any party who is aggrieved by any order made under subsection (1) of this section, or by the refusal of a High Court Judge to direct the issue of a certificate in any case referred to in the proviso to section 27 (2), may appeal against such order or refusal to the Court of Appeal.
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[*Subsection (3) is omitted as under the existing law there is no special procedure for appeals from an interlocutory order of the High Court]
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Penalty on notaries practicing without certificate.
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30. If any person shall act as a notary without having obtained such certificate as aforesaid, he shall for or in respect of every deed executed or acknowledged before him as such notary, whilst he shall have been without such certificate, be guilty of an offence and be liable to a fine not less than five thousand rupees and not exceeding twenty five thousand rupees .
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Rules to be observed by notaries.
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31. It is and shall be the duty of every notary strictly to observe and act in conformity with the following rules, that is to say :-
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Notary not to divulge secrets without permission.
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(1) He shall not divulge the secrets confided to him or of which he becomes possessed in the execution of his office, unless with the express permission of his employer or when required to do so by law.
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Attestation of documents drawn by any other person.
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(2) He shall not authenticate or attest a deed or instrument drawn in Sri Lanka by any other person, unless there shall be endorsed thereon a certificate signed by a notary certifying that such has been deed or drawn by himself.
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When may the any signature of a party or witness to a deed be taken.
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(3) He shall not require, permit, or suffer any party or any witness to deed or instrument executed or to be executed before him to sign his name or make his mark to or acknowledge any such deed or instrument or any duplicate or other part thereof or any draft or copy thereof intended to be preserved in his protocol, or to sign his name or make his mark upon any paper or other material intended to be afterwards used for any such purpose, until the whole of such deed or instrument shall have been written or engrossed thereon.
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Material on which deeds may be written.
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(4) He shall not authenticate or attest any deed or instrument written on paper which is not of a reasonably durable description suitable for the purpose of such document, nor shall he attest any deed or instrument written on ola.
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Deeds to be written on undivided sheet or sheets signed by the Registrar of Lands.
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(5) He shall not authenticate or attest any deed or instrument which is written on more than one entire or undivided sheet or piece of paper, parchment, or other material, unless-
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(a) each of the sheets or pieces used has been previously produced before the Registrar of Lands for the district in which the notary resides, and has been marked or signed or initialled by such registrar in order to prevent the sheets being used for any other purpose ; or
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(b) the parties executing the same and the notary shall sign every sheet or piece in which any part of the deed or instrument is written.
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Insufficiently stamped instrument not to be executed.
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(6) He shall not require, permit, or suffer any person to execute or acknowledge before him any deed or instrument which is insufficiently stamped.
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Stamps to be cancelled at the time of execution of deed.
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(7) He shall at the time of the execution or acknowledgment before him of every deed or instrument which is not stamped with an impressed stamp cancel the stamps thereon by writing or marking in ink on or across each stamp his name or initials, together with the true date of his so writing or marking, and shall write upon each stamp with ink the number of the deed or instrument to which such stamp is affixed.
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Two witnesses essential for every deed.
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(8) He shall not authenticate or attest any deed or instrument to which at least two witnesses have not subscribed their signatures in letters.
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Party executing the deed should be known to notary or to two attesting witnesses.
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(9) He shall not authenticate or attest any deed or instrument unless the person executing the same be known to him or to at least two of the attesting witnesses thereto ; and in the latter case, he shall satisfy himself, before accepting them as witnesses, that they are persons of good repute and that they are well acquainted with the executant and know his proper name, occupation, and residence, and the witnesses shall sign a declaration at the foot of the deed or instrument that they are well acquainted with the executant and know his proper name, occupation, and residence.
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Where both person executing deed and attesting witnesses unknown to notary deed not to be executed.
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(10) He shall not authenticate or attest any deed or instrument in any case in which both the person executing the same and the attesting witnesses thereto are unknown to him.
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When deed to be read over and explained.
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(11) He shall not authenticate or attest any deed or instrument in any case in which the person executing or acknowledging the same shall be or profess to be unable to read the same, or in which such person shall require him to read over the same, unless and until he shall have read over and explained the same, or caused the same to be explained, in the presence and hearing of such person and, except in the case of wills and codicils, in the presence of the attesting witnesses.
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When may deed be attested.
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(12) He shall not authenticate or attest any deed or instrument unless the person executing the same and the witnesses shall have signed the same in his presence and in the presence of one another, and unless he shall have signed the same in the presence of the executant and of the attesting witnesses.
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What deeds may not be attested by notary.
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(13) He shall not authenticate or attest any deed or instrument to which he is a party.
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Full names of parties and witnesses to be ascertained.
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(14) He shall before any party or witness signs any deed or instrument ascertain the full name of such party or witness, and if the signature of such party or witness differs from the name given by such party or witness, the notary shall, in his attestation of such deed or instrument, describe such party or witness by such name and by the name written in the signature.
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Duty of notary in regard to deed signed with a mark.
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(15) If any deed or instrument executed or acknowledged before him be signed by any of the parties or witnesses thereto with a mark, or with a signature in a language other than that in which the notary is authorized to practice, he shall write over such mark or signature in his own handwriting and at the time of execution the words “This is the mark (or signature, as the case may be) of A. B.” (here insert the name of the person signing with the mark or signature) ; and in the case of a mark he shall besides require such person to affix to the deed or instrument the impression of his left thumb and shall write over such impression at the time and in the manner aforesaid the words “This is the left thumb impression of A. B.” (here insert the name of the person whose thumb impression it is).
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Deeds affecting immovable property.
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(16)
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(a) He shall not authenticate or attest any deed or instrument other than a will or codicil affecting land or other immovable property, unless the deed or instrument embodies therein or in a schedule annexed thereto a description of the said land or other properly showing its boundaries (which shall include whenever practicable the names of the lands adjoining it and of their owners), its probable extent and situation (with respect to the town or village, pattu, korale, administrative district, and province), and its name and assessment number, if any ;
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(b) if such property consist of a share of a land or other property, the deed shall state whether it is a divided or undivided share, and the fractional part which it is of the whole. If it be a divided share, such share shall be clearly and accurately defined by its particular boundaries and extent ; if it be an undivided share, the boundaries and extent shall be stated of the land of which it is a share :
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Provided, however, that this rule shall not apply to any agreement to transfer, to mortgage, or to lease any such property. Registers in the land registry to be searched before executing deed affecting land.
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Registers in the land registry to be searched before executing deed affecting land.
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(17)
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(a) Before any deed or instrument (other than a will or codicil) affecting any interest in land or other immovable property is drawn by him, he shall search or cause to be searched the registers in the land registry to ascertain the state of the title in regard to such land and whether any prior deed affecting any interest in such land has been registered ;
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(b) if any such prior deed has been registered, he shall write in ink at the head of the deed the number of the register volume and the page of the folio in which the registration of such prior deed has been entered :
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Provided that if the parties to the transaction authorize the notary in writing to dispense with the search, the search shall not be compulsory, but he shall before the deed or instrument is tendered for registration write at the head thereof the reference to the previous registration, if any.
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Date of execution of deed to be inserted
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(18) He shall correctly insert in letters in every deed or instrument executed before him the day, month, and year on which and the place where the same is executed, and shall sign the same.
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Erasures, interpolations, & c, not to be made after execution of deed.
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(19) He shall not make any erasure, alteration, or interpolation in any deed or instrument after the same has been signed by the executing party or parties.
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Attestation.
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(20) He shall without delay duly attest every deed or instrument which shall be executed or acknowledged before him, and shall sign and seal such attestation. In such attestation he shall state-
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(a) that the said deed or instrument was signed by the party and the witnesses thereto in his presence and in the presence of one another ;
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(b) whether the person executing or acknowledging the said deed or instrument or the attesting witnesses thereto (and in the latter case he shall specify which of the said witnesses) were known to him ;
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(c) the day, month, and year on which and the place where the said deed or instrument was executed or acknowledged, and the full names of the attesting witnesses and their residences ;
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(d) whether the same was read over by the person executing the same, or read and explained by him, the said notary, to the said person in the presence of the attesting witnesses ;
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(e) whether any money was paid or not in his presence as the consideration or part of the consideration of the deed or instrument, and if paid, the actual amount in local currency of such payment;
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f) the number and value of the adhesive stamps affixed to or the value of the impressed stamps on such deed or instrument and the duplicate thereof;
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(g) specifically the erasures, alterations, and interpolations which have been made in such deed or instrument, and whether they were made before the same was read over as aforesaid, and the erasures, alterations, and interpolations, if any, made in the signatures thereto, in its serial number, and in the writing on the stamp affixed thereto.
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Form of attestation.
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(21) Every such attestation shall be substantially in the form E in the Second Schedule, and shall be legibly signed by him in the language in which the deed or instrument is written, and also with his usual signature if the language or form of that signature be different from that in which such deed or instrument is written. Every erasure, alteration, or interpolation in the attestation shall be authenticated by the notary With the initial letters of his name.
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Deed not to be attested outside notary’s jurisdiction or in language other than that in which he is authorized to practice.
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(22) He shall not authenticate or attest any deed or instrument in any area other than that in which he is authorized to practice, nor in any language other than that in which he is authorized to practice nor authenticate or attest any deed or instrument drawn in any language other than that in which he is authorized to practice.
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Deeds to be numbered.
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(23) He shall number with consecutive integral numbers the documents executed or acknowledged before him, including wills and codicils, according to the order in which they are executed or acknowledged before him. If he shall change his area, as provided by section 11 of this Ordinance, and if the new area be in a different zone from the old area, he shall number consecutively the documents attested by him in the new area, commencing with number ” 1 “.
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Protocol to be preserved by notary.
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(24) He shall carefully preserve as his protocol a draft or copy of every deed or instrument executed or acknowledged before him, to which shall be attached his signature and those of the party and witnesses to the original deed or instrument, and he shall keep a register thereof with a convenient index for the purpose of easy reference ; and every such register shall be substantially in the form F in the Second Schedule, but in the case of wills and codicils only the number and date of the instrument shall be inserted in the register.
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Deeds executed before more than one notary.
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(25) Where any deed or instrument is executed or acknowledged before more than one notary-
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(a) the notary who first attests such deed or instrument shall comply with all the requirements of rule (20), and every other notary attesting such deed or instrument shall comply with the requirements of paragraphs (a) to (e) of the aforesaid rule and the provisions of paragraph (g) in respect of erasures, alterations and interpolations made in the signatures attested by him or in his serial number ;
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(b) every notary attesting the deed or instrument shall number such deed or instrument in accordance with the provisions of rule (23) ;
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(c) the notary who first attests such deed or instrument shall preserve as his protocol the draft or copy referred to in rule (24), and shall comply with the requirements of that rule, and every other notary attesting such deed or instrument shall supply himself with a certified copy of the deed or instrument, which shall be deemed to be his protocol for the purposes of that rule ; and
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(d) every notary attesting such deed shall, in addition, as far as possible, comply with the other provisions of section 31.
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Duplicates of deeds to be transmitted to Registrar of Lands.
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(26)
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(a) He shall deliver or transmit to the Registrar of Lands of the district in which he resides the following documents, so that they shall reach the registrar on or before the fifteenth day of every month, namely, the duplicate of every deed or instrument (except wills and codicils) executed or acknowledged before or attested by him during the preceding month, together with a list in duplicate, signed by him, of all such deeds or instruments, which list shall be substantially in the form F in the Second Schedule : Provided, however, that in the case of wills and codicils only the number and date of the document shall be inserted in such list ;
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(b) if no deed or instrument has been executed before any notary in any month, the notary shall, unless he is absent from Sri Lanka, furnish a nil list for that month on or before the fifteenth day of the following month ;
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(c)
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(i) where any deed or instrument which is to be executed or acknowledged by two or more parties is signed during any month by one or more, as the case may be, of such parties, the notary shall, notwithstanding that the deed or instrument has not been signed by all such-parties, include such deed or instrument in the list required to be delivered or transmitted under paragraph (a), and shall, if called upon so to do by written notice served on him personally or by registered post and signed by the Registrar of Lands of the district in which the notary resides, produce the duplicate of such deed or instrument for inspection at the office of the registrar on or before such date as may be specified in the notice ;
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(ii) where any such deed or instrument is not signed by all the parties thereto before the expiry of a period of three months from the date on which it is first signed by one of such parties, the notary shall, if called upon so to do by written notice served on him personally or by registered post and signed by the Registrar of Lands of the district in which the notary resides, deliver or transmit to the registrar the duplicate of such deed or instrument; and where any such duplicate has been so delivered or transmitted, the notary shall, at any time during the period of two years succeeding the date of such delivery or transmission, be entitled on demand to the return of the duplicate for the purpose of the completion of the deed or instrument.
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Weekly list of work done to be transmitted to Registrar of Lands
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(27) He shall deliver or transmit to the Registrar of Lands of the district within which he resides, so as to reach the registrar on or before every Wednesday, a list of the work done by him as notary in the week ending the previous Saturday. Every such list shall be substantially in the form G in the Second Schedule :
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Provided that in the case of a will or codicil the names of the person or persons executing or acknowledging the instrument shall not be inserted.
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Transmission to the Registrar of Lands of deeds executed before different notaries.
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(28) Where any deed or instrument other than a will or codicil shall be executed or acknowledged by two or more parties before more than one notary, the duplicate of such deed or instrument shall be delivered or transmitted by the notary who first attests such deed or instrument to the Registrar of Lands of the district in which he resides ; and it shall not be necessary for the other notary or notaries employed in the execution of such deed or instrument to deliver or transmit any duplicate thereof to such registrar.
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Transmission to the Registrar of Lands of deeds affecting lands situated outside district in which notary resides.
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(29) If a deed or instrument other than a will or codicil affects a land situated in a district other than that in which the notary before whom it is signed, and by whom it is attested, ‘shall reside, such notary, or in case such deed or instrument is attested by two or more notaries, then the notary upon whom is cast the duty of transmitting to the Registrar of Lands the duplicate of such deed or instrument, shall on or before the fifteenth day of the month next following that in which the same was executed (besides transmitting the duplicate in manner aforesaid) deliver or transmit to the Registrar of Lands of the district in which such land shall be situated a copy thereof certified by him as correct, together with a list in duplicate in the form F in the Second Schedule, signed by him, of all such deeds or instruments as relate to lands in such last-mentioned district.
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Procedure in regard to deed executed by an attorney.
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(30) If he attest any deed or instrument executed before him by means of an attorney, he shall preserve a true copy of the power of attorney with his protocol, and shall forward a like copy with the duplicate to the Registrar of Lands.
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Notice of intention to change office or to discontinue practice to be given to High Court Judge.
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(31) He shall give one month’s notice to the High Court Judge in the judicial zone in which he is authorized to practice, and also to the Registrar-General, of his intention to change his office or to discontinue his practice, and shall affix a written notice to that effect, signed by him, on the outside door or wall of the High Court holden in the zone,
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Notice on change of office.
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(32) Whenever he shall change his office he shall without delay give notice of such change to the Registrar of Lands of the district and the High Court Judge in the judicial zone and the Government Agent of the administrative district in which his new office is situated.
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Title deed of immovable property to be obtained wherever possible
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(33) When a deed transferring any immovable property is executed or acknowledged before a notary, he shall use his best endeavours to obtain the title deed, if any, of such property, and make an endorsement thereon stating the number and date of the deed executed before him and the nature of the transaction and attach his signature thereto,
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Notary bound to furnish Registrar-General with explanation whenever called upon.
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(34) He shall, in regard to any irregularity, error, or omission discovered or alleged to have been discovered in the discharge of his duties as notary, and which appears to the Registrar- General to be a violation of the law, give an explanation in writing when required by the Registrar-General or by the Registrar of Lands under the order of the Registrar-General, but such explanation shall in no case be called for after the expiry of twenty-four months from the date of the commission of such irregularity or error, or of such omission.
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Name to be affixed at entrance to office.
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(35) He shall cause his name, with the addition “Notary Public”, to be painted or affixed in legible characters in the Sinhala language and the language in which he is authorized to practice in a conspicuous place at or near the entrance to his office or place of business, or, if he has more than one office or place of business, at the entrance to each such place.
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Additional rules applicable to notary who is not an attorney-at-law
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(36) It shall be the duty of every notary, not being an attorney-at-law, strictly to observe and act in conformity to notary with the following additional rules, that is to say:-
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(a) He shall live and hold office at such Notary to hold places as he may elect, subject to office at the approval of the Minister.
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Records to be kept at notary’s office.
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(b)* He shall keep his records at his office or if he has more than one office, at such office as may be approved of by the Registrar-General and shall at all reasonable times permit the Registrar-General, the Government Agent of the administrative district, High Court Judge, District Judge, Judge of the Family Court, or Judge of the Primary Court within the zone, within which such notary resides to inspect such records at such office.[*See the footnote to Section 18]
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When notary bound to be present in office.
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(c)He shall, unless prevented by sickness or other good cause, be present between the hours of 10 a.m. and 1 p.m. on Mondays and Thursdays, or, if such day be a public holiday, on the following day, at the office in which he keeps his records. The taking of instructions for or signature to a deed or instrument shall not be a good cause for absence from office, unless the person whose instructions or signature is to be taken is believed to be on the point of death.
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Notary to produce records when required.
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(d) He shall at all reasonable times, when required by any of the officers named in the rule (b), produce before him at the nearest land registry, kachcheri, court, resthouse, or other public place such records as may be specified in a notice to be served on such notary. The notice shall be deemed duly served if left at his residence or office.
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Provisions as to application of rules in section 31 in special cases.
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32.
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(1) The provisions of rules (20), (23), (24), (25), and (26) set out in section 31, and of rule (16) as to the statement of the boundaries, shall not apply to any of the following deeds or instruments :-
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(i) a power of attorney for use out of Sri Lanka ;
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(ii) a deed solely affecting property not situated in Sri Lanka ;
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(iii) a transfer of stock of any Government ;
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(iv) a transfer of stock, shares, or debentures of any company or corporation not having its registered office in Sri Lanka ;
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(v) a notice of protest by a ship’s officer but not an extended protest.
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(2) In the case of any deed or instrument which is to be executed by two or more parties, both or all of whom, as the case may be, do not sign the deed or instrument at the same time and place-
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(i) the deed or instrument shall, for the purposes of the application of rules (6), (7), (23) and (25) set out in section 31, be deemed to be executed or acknowledged at the time when it is first signed by a party, or by two or more parties at the same time and place ;
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(ii) the deed or instrument shall, for the purposes of the application of rules (18) and (20) set out in section 31, be deemed to be executed or acknowledged whenever it is signed by a party, or by two or more parties at the same time and place ; and
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(iii) the provisions of rule (19) set out in section 31, shall apply after the deed or instrument is first signed by a party, or by two or more parties at the same time and place.
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Instruments not to be invalid for non-compliance in any matter of form.
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33. No instrument shall be deemed to be invalid by reason only of the failure of any notary to observe any provision of any rule set out in section 31 in respect of any matter of form :
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Provided that nothing hereinbefore contained shall be deemed to give validity to any instrument which may be invalid by reason of non-compliance with the provisions of any other written law.
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Penalty for beaches of rules in section 31.
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34.
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(1) If any notary acts in violation of or disregards or neglects to observe any of the rules set out in section 31 or any rule made, approved and published in accordance with the provisions of section 36, binding upon him, he shall be guilty of an offence, and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two hundred rupees, in addition to any civil liability he may incur thereby : Provided, however, that where any notary acts in violation of or disregards or neglects to observe the provisions of rule (26) set out in section 31 the Registrar-General may, by a written notice served on him personally or sent by registered post, call upon such notary to comply with the requirements of the said rule within such further time as he may specify for such purpose, and any notary who fails to comply with the terms of such notice shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees.
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(2) If any notary has been convicted under the proviso to subsection (1) of this section for non-compliance with the terms of a notice calling upon him to comply with the requirements of rule (26) set out in section 31 relating to the delivery of certain documents to the Registrar of Lands of the district in which the notary resides, and the notary fails within a week of such conviction to deliver the documents specified in the notice to that registrar, the Minister may, on application made in that behalf by the Registrar-General, suspend the notary from his office as notary for such period as the Minister may deem fit.
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Power to compound offences.
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35.
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(1) In any case where the Registrar-General has reasonable grounds for believing that any notary has committed any offence referred to in section 28 (3), section 30, section 34, section 37 or section 41, the Registrar-General may, if he thinks fit, instead of instituting criminal proceedings against such notary, accept from him such sum of money as he may consider proper in composition of the offence ; and where the Registrar-General has accepted any sum of money from any notary in composition of any alleged offence-
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(i) criminal proceedings shall not be taken, or if already taken shall not be continued in respect of such offence ; and
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(ii) such composition shall not have the effect of discharging any person who has given security on behalf of a notary by the hypothecation of immovable property or by the deposit of movable property, or the Insurance Corporation bound as surety from any liability incurred under section 12.
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(2) All moneys received by the Registrar-General in composition of any offence shall be paid into the Treasury.
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Powers to make rules.
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36.
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(1) The Minister may make rules for the conduct of notaries, not being attorneys- at-law, in the discharge of their notarial duties.
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(2) No rule made under subsection (1) of this section shall have effect until that rule has been approved by Parliament, and until the rule has been published in the Gazette.
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(3) Every rule made, approved and published in accordance with the preceding provisions of this section shall be as valid and effectual as if it were herein enacted.
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Notary to use diligence in registering deeds.
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37. Whenever a notary has received instructions to register, and a sufficient sum to meet the necessary expense of registering, any deed drawn or attested by him, and shall in such case fail to use due diligence in effecting such registration, he shall be guilty of an offence, and liable on conviction to a fine not less than seven thousand five hundred rupees and not exceeding twenty five thousand rupees, in addition to any civil liability which he may incur by reason of his default.
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Notary to try ascertain true consideration.
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38.
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(1) It shall be the duty of every notary to endeavour to ascertain the true and full consideration for the execution of any deed, and to insert and set forth the same in such deed.
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(2) Any notary who shall knowingly and willfully insert or set forth in or upon any such deed any other than the full and true consideration or money directly or indirectly paid or secured, or agreed to be paid or secured for the same, or the actual value of the same, or shall abet the doing thereof, respectively, shall be guilty of an offence, and liable to a fine not less than five thousand rupees and not exceeding twenty five thousand rupees for every such offence, in addition to any civil liability which he may incur thereby.
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Penalty on notary acting fraudulently.
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39. If any notary-
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(a) shall attest any fraudulent deed, knowing the same to be fraudulent ; or
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(b) shall knowingly and willfully, with intent to prejudice or defraud any person, insert in any deed or instrument whatsoever any word, letter, figure, matter, or thing which ought not to have been inserted therein, or omit to insert therein any word, letter, figure, matter, or thing which ought to have been inserted therein ; or
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(c) shall attest any deed without the person whose signature or mark he attested and the attesting witnesses having appeared personally before him at the time when such deed was executed or acknowledged ; or
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(d) shall knowingly and willfully make any false statement in the attestation to any deed executed or acknowledged before him ; or
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(e) shall willfully, maliciously, or fraudulently misstate or misrepresent to any party thereto the contents or effect of any deed executed or acknowledged before him ; or .
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(f) shall by any other willful act, either of commission or omission, commit or attempt to commit any fraud in the execution of his office ; or
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(g) shall willfully, maliciously, or fraudulently deface, mutilate, injure, destroy, or make away with any deed or any draft, minute, or copy of any deed which had been in his charge or custody, or which he was bound to preserve,
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every such notary shall in any of such cases be guilty of an offence, and shall be liable on conviction thereof to imprisonment, simple or rigorous, for any period not exceeding five years.
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Fees of notaries.
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40.
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(1) The several fees specified in the Third Schedule shall and may be lawfully demanded and taken by notaries for the performance of the duties of their office as therein expressed :
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Provided that-
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(a) it shall be competent to any notary or client to agree to a higher or lower fee than that prescribed in the Third Schedule ;
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(b) such agreement, unless reduced to writing and signed by the parties, shall not be enforceable in a court of law.
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(2)* A correct copy of the Third Schedule in the Sinhala, Tamil and English languages of the fees chargeable by notaries shall be at all times posted in some conspicuous place at the High Court holden in every zone and at every District Court, Family Court and Primary Court, and at every Land Registry and kachcheri, and by every notary in each of his offices.[*See the footnote to Section 18]
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(3) Any notary, if required by the client, shall give a written receipt for money paid to him as fees.[See the footnote to section 18]
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Delivery to registrar of documents of notary dying &c.
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41
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(1) If any person being removed from or ceasing to act in the office of notary, or, in case of the death of any such notary, if any of his heirs, executors, or administrators, or any other persons, into whose possession the same shall have come-
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(a) shall willfully lose or injure or destroy, or shall without just and lawful cause willfully neglect or refuse to deliver over, as soon as conveniently may be, to the Registrar of Lands of the district in which such notary was resident, any drafts, minutes, or copies of any deeds executed or acknowledged before such notary, or any instruction book, register, index, deed, or document whatever possessed by such notary in right of his said office ; or
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(b) shall willfully neglect or refuse to deliver over to the Registrar of Lands of the district the seal of office of such notary to be defaced and returned,
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every such person shall be guilty of an offence, and shall on conviction thereof be liable to simple or rigorous imprisonment for any period not exceeding twelve calendar months, or to a fine not less than two thousand rupees and not exceeding five thousand rupees, or to both.
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(2) Where two or more notaries carry on a notarial business in partnership which has been notified to the Registrar-General, and one of the partners dies or retires from the business, the continuing partner may retain during the continuance of the business the documents specified in paragraph (a) of subsection (1). But a list of the documents shall be furnished to the Registrar-General by the continuing partner, who shall be responsible for their safe custody and for their delivery to the Registrar-General.
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(3) Where a notary who is an attorney-at-law has engaged for the purposes of his business an assistant who is also a notary and such assistant practices as a notary under such an engagement for the purposes of the business of the said notary who is an attorney-at-law, and the terms of such engagement have been notified by the parties to the Registrar-General, upon such assistant dying or leaving the service of his principal, the Registrar-General may (subject to the terms of the engagement) empower the said principal to retain the documents specified in paragraph (a) of subsection (1), and all such documents shall thereupon, for the purposes of this Ordinance, be deemed to be documents executed or acknowledged before such principal, or possessed by him in right of his office. But a list of the said documents shall be furnished to the Registrar-General by the principal who shall be responsible for their safe custody and for their delivery to the Registrar-General.
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(4) Where the Registrar-General is satisfied that any notary has purchased the goodwill of the notarial business of another notary who carried on business in a place in the area within which the purchaser is authorized to practice, but who has since died or who has ceased to act in the office of notary otherwise than by reason of the cancellation or suspension of his warrant, the Registrar-General may empower the heirs, executors, or administrators of the deceased notary, or the notary so ceasing to act, to transfer to the notary so purchasing the goodwill of the said business the documents specified in paragraph (a) of subsection (1) (not being wills or codicils, or drafts, minutes, or copies of the same), or if such documents have been already delivered to the Registrar-General, may himself transfer the said documents as aforesaid, and the said documents shall thereupon, for all the purposes of this Ordinance, be deemed to be documents executed or acknowledged before the notary purchasing the goodwill or possessed by him in right of his office. But a list of the said documents shall be furnished to the Registrar-General by such notary, who shall be responsible for their safe custody and for their delivery to the Registrar-General.
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(5) It shall be lawful to the Registrar- General to extend the application of the provisions of subsections (3) and (4) of this section-
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(a) to any case in which an assistant has died or left the service of his principal within five years prior to the 27th day of October, 1917, notwithstanding that no notice of the terms of the engagement of such assistant has been given to the Registrar-General ; or
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(b) to any case in which any notary has died, or has ceased to act in the office of notary within the said period otherwise than by reason of the cancellation or suspension of his warrant :
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Provided that the Registrar-General is satisfied that such a course has been assented to by all persons interested.
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Notary to deliver to the registrar lists of duplicate deeds filed.
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42. Whenever the duplicate of any deed shall be transmitted to the registrar by any notary under any rule in section 31 of this Ordinance, or whenever any document shall be delivered up to any registrar under section 41, such notary or other person transmitting or delivering the same shall tender to the registrar two lists thereof, and the said registrar shall, after ascertaining the correctness thereof, sign the said lists, and return one of them to the said notary or other party, and file the remaining list, and securely keep and preserve the same and the documents specified therein with the other records of his office :
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Provided, however, that any document, other than a draft or copy of a will or codicil, which is delivered to the registrar under the last preceding section, may be destroyed by him at any time after the expiry of a period of two years from the date on which the document was delivered to him, if, after inspection duly made, he is satisfied that the duplicate of that document is preserved in the records of his office.
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43. In this Ordinance, unless the subject or context otherwise requires-“
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High Court Judge ” shall mean a Judge of the High Court ;
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” Registrar-General ” includes a Deputy Registrar-General.
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Schedules
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