Role and Functions of Nepal Notary Public Council

Background

Before the implementation of the Notary Public Act, 2063 B.S. (2006 A.D.), Nepal lacked clear legal provisions for document certification, attestation, and translation. Previously, these tasks were managed by government officers and the Law Book Management Committee. The Notary Public Act, 2063 B.S., was introduced to make these services more accessible to the public, streamline the process, and ensure these duties were carried out uniformly across the country. This Act established the role of the Notary Public, who would handle these responsibilities, previously managed by government officers and the Law Book Management Committee. To oversee the certification process, distribute notary certificates, and ensure regular monitoring of Notary Public activities, the Notary Public Council was established under this Act.

Introduction of the Notary Public Council

The Notary Public Act, 2063 B.S., certified by the House of Representatives of Nepal on Ashoj 28, 2063 B.S. (October 11, 2006), and enforced from Falgun 1, 2063 B.S. (February 3, 2007), aimed to authenticate individuals signing documents, prevent fraud, and facilitate easy document translation for the public. The Notary Public Rules, 2063 B.S., came into effect on Chaitra 14, 2063 B.S. (March 28, 2007), with three amendments to date. Section 5(1) of the Notary Public Act, 2063, outlines the formation of the Nepal Notary Public Council, chaired by the Attorney General and comprising key legal and governmental officials.

Members of the Nepal Notary Public Council include:

• Attorney General - Chairperson
• President, Nepal Bar Association - Member
• Secretary, Ministry of Law Justice and Parliamentary Affairs - Member
• Secretary, Law, the Office of the Prime Minister and Council of Ministers - Member
• Secretary, Nepal Law Commission - Member
• Secretary, Ministry of Land Reform and Management - Member
• Secretary, Ministry of Foreign Affairs - Member
• Registrar, Supreme Court of Justice - Member

Office of the Nepal Notary Public Council

Initially, the Nepal Notary Public Council operated from the Office of the Attorney General. However, as the number of Notary Publics increased, a dedicated office was required. Since Baishakh 2067 B.S. (2010 A.D.), the Council has been operating from a leased building of the Nepal Bar Council in Kupandol, Lalitpur.

Functions of the Notary Public Council

The Nepal Notary Public Council is an autonomous, perpetual entity responsible for ensuring the authenticity of signatures, preventing fraud, and facilitating the certification and translation of documents. Its primary duties and responsibilities include:

1. Policy Framing and Implementation: Develop and implement policies for Notary Publics.
2. Certification Distribution: Issue Notary Public certificates.
3. Examination and Training: Conduct exams for translator Notary Publics, select candidates, and provide training before certification.
4. Monitoring and Compliance: Ensure Notary Publics adhere to the Act and the Council's Code of Conduct.
5. Committee Formation: Establish committees as needed, defining their roles and responsibilities.
6. Financial Oversight: Appoint auditors and approve the Council's budget.
7. Asset Protection: Safeguard and promote the Council's assets.
8. Administrative Direction: Guide the secretary in Council-related tasks.
9. General Functions: Perform other necessary functions as dictated by the Council.

Additional Responsibilities

Beyond its core duties, the Council also undertakes various tasks based on its decisions, including:

1. Regular Monitoring and Coordination: Oversee Notary Public activities.
2. Late-fee Management: Determine and collect late fees from Notary Publics for delays in reporting, bank guarantees, and renewals.
3. Committee Assignments: Execute tasks prescribed by subject-specific committees, including Investigation and Examination Committees.
4. Complaint Handling: Address complaints against Notary Publics and issues affecting their duties.
5. Information Accessibility: Update information online to enhance public access.
6. Public Awareness: Educate the public and relevant bodies about the Council's work, services, and objectives.
7. Online Services: Implement online services for reporting, bank guarantees, and renewals.
8. Annual Planning: Develop and follow an annual work schedule.
9. Decision Communication: Timely inform concerned bodies about Council decisions.
10. Resource Management: Ensure proper resource collection, management, and mobilization for the Council's long-term institutionalization.
11. Reference Library: Establish and manage a reference library with study materials, plans, laws, gazettes, books, and publications related to Notary Publics.
12. Systematic Operations: Streamline Notary Public duties as per prevailing laws and practices.
13. Fee Regulation: Periodically set fees for Notary Public services.
14. Software Development: Create software to verify the authenticity of notary public seals and signatures.

Through these comprehensive functions and responsibilities, the Nepal Notary Public Council ensures the integrity, accessibility, and efficiency of notary services throughout Nepal, safeguarding public interests and enhancing trust in legal documentation processes.

Read more at: https://notarypublic.org.np/