Amend law of notaries: CIC to Law Ministry

Central Information Commission has recommended to the Law Ministry to amend law of notaries and update notaries system leaving no scope for falsification of records and frauds.

An RTI applicant Nand Lal had sought details of attestation done by a notary among other details. He alleged that his immovable property was fraudulently transferred by an advocate and the concerned document was attested and authenticated by Meena Sharma, Advocate-Notary appointed by Department of Legal Affairs.

The notary claimed before the CIC that the records sought by the applicants have been "eaten by termites".

"...Meena Sharma refused to give this information claiming it as third party information. When Commission directed that it should be disclosed she raised the excuse that records were lost due to termites. Appellant sought notarisation details of documents dealing with some property transactions of that period to verify the document; that if that proved false, he would suffer huge loss," Information Commissioner Sridhar Acharyulu noted.

He said a notary who collects huge money through attestation cannot so negligently leave registers as food to termites and Notaries and Regulatory should understand that it amounts to irresponsibility towards records and inaction after the negligence is detrimental to "governance".

"The Department of Legal Affairs is the concerned authority in appointing, regulating activities of notary, renewing and removing for misconduct. Preservation of records is the primary responsibility of the notary and this public authority, under Notary Act, Public Records Act and RTI Act," he said.

Terming the falsification of documents as "foremost problem" in legal disputes, Acharyulu said department of Legal Affairs cannot be so callous about it.

"This grave situation demands immediate overhaul of record keeping mechanism by public authority, more specifically its agents i.E. Notaries so that they do not leave the records to be a food for termites etc," he said.

Acharyulu said the case shows dire need to reform and strengthen the Notary Public activity in India to prevent fabrication of documents affecting the credibility and legality of business transactions.

"In this era of globalised transactions in commerce and property dealings, the public authority is recommended to update the notaries system and amend the law of notaries to address the issue of authentication of deeds leaving no scope for falsification of records and frauds, in the lines of Model Notary Act of the United States or International Conventions," he said.

Slapping a maximum penalty of Rs 25,000 under RTI Act on Meena Sharma, the Commission said, "General defence of 'Act Of God', which is available for civil liability for causing loss, cannot apply in this case. Moreso, the Act of God is a phenomenon which is attributed to an intervention of the forces of nature, beyond control of human being."

"Destruction of files by termites can never be claimed as an Act of God because of conscious negligence on part of individuals who shall be liable," he said.

Acharyulu said production of damaged register to the Commission strengthens the frivolous plea of the notary that record is lost by termites and obvious proof of negligence "res ipsa loquitor" (things speaks for itself) of the notary and the Public Authority has a duty to initiate action.

"The Public Authority (Law Ministry) also cannot ignore its duty to designate an officer as Records Officer and protect the records," he said.