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OrdinancesNos. 1 of 1907,
27 of 1909,18 of 1910,31 of 1917,22 of 1919,24 of 1927,10 of 1934,10 of 1936,7 of 1943,
59 of 1943,51 of 1944,48 of 1947,
ActNo. 6 of 1951,
CHAPTER 110NOTARIES
AN ORDINANCE TO AMEND THE LAW RELATING TO NOTARIES AND TO MAKE FURTHERPROVISION FOR THE PROPER QUALIFICATION OF NOTARIES AND FOR THE MOREEFFICIENT AND FAITHFUL DISCHARGE OF THE DUTIES APPERTAINING TO THEOFFICE OF A NOTARY AND CONSOLIDATE THE LAW RELATIVE THERETO.
LawsNos. 24 of 1973,
20 of 1976.
Short title.
Appointmentof notary bywarrant of theMinister.
Attorneys-at-law, qualifiedfor admissionas notaries-[§3, Law 20 of1976.]
Qualificationsof otherpersons fornotarialappointment.[§2, Law 24 of1973.]
1. This Ordinance may be cited for allpurposes as the Notaries Ordinance.
2. Every appointment to the office ofnotary shall be by warrant granted by theMinister, and shall specify the area withinwhich, and the language or languages inwhich, the person appointed is authorized topractise.
3. Every attorney-at-law who has passedthe prescribed examination in conveyancingeither before or after his admission as suchattorney-at-law or has been admittedwithout examination in virtue of a legalqualification in the United Kingdom orelsewhere, requiring a pass in conveyancingshall be entitled, on application, to awarrant authorizing him to practise as anotary in the language in which he haspassed the examination in conveyancingwithin the judicial zone in which he resides.
4. (1) The Minister may appoint asnotaries persons other thanattorneys-at-law ;
Provided that such persons—
(a) are of good character and repute ;
(b) are of the age of twenty years ;
[27th March, 1907.]
(c) have been articled clerks, licensed ashereinafter provided, of anattorney-at-law and have dulyserved as such for two years ; and
(d) have passed an examinationprescribed by the Minister and arereported to be duly qualified by theRegistrar- Gene ral.
(2) Every notary appointed undersubsection (I) on or after the fst day ofMay, 1951, shall be entitled to practisewithin the judicial zone in which he resides.
4A. Every warrant issued to a notaryunder the provisions of section 3* or section4*, authorizing him to practise as a notaryin any judicial division in which he resides,shall be deemed to authorize him to practiseas a notary in the judicial zone in which heresides.
5. A notary, who is authorized bywarrant to practise in any particularlanguage, shall be entitled, on passing suchexamination in any other language as maybe prescribed by the Minister, to a warrantauthorizing him to practise in that otherlanguage.
Notariespractising inJudicialdivisiondeemed topractise injudicial zone.[§4, Law 20 of1976.]
Condition tobe fulfilledbefore notaryauthorized topractise in onelanguage canpractise inanotherlanguage.
* 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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Cap. 110] NOTARIES
Number ofarticled clerkshowdetermined.
Admission ofarticled clerksand notaries.
The Ministermay makeregulations foradmission ofarticled clerksand notaries.
Notary boundto have hisoffice wi th inhis jurisdiction.
Number andsituation ofnotary'soffices.
Minister'spower tochange thezone withinwhich a notaryis authurized,to practise.[§5, Law 20 of1976.]
6. The number of articled clerks to belicensed for and in each district shall belimited and determined by an Order to beissued from time to time by the Minister.
7. The admission of persons to bearticled clerks and notaries shall be subjectto the regulations in the First Schedule,which shall be in force until revoked,amended, or altered by regulations madeunder section 8.
8. The Minister may from time to timerevoke, amend, or alter such regulations, ormay make new regulations. All regulationsso made, and any revocation, amendment,or alteration of a regulation, shall bepublished in the Gazette.
9. Every notary shall be bound to havehis office within the area specified in hiswarrant ; and any notary infringing thisprovision shall be liable to have his warrantwithdrawn by the Minister.
10. (1) No notary shall have more thantwo offices.
(2) (a) No notary who is an attorney-at-law shall, for the purposes of his professionas a notary, have any office at any placeother than—
(i) his residence ; or
(ii) an office maintained and used by himfor the purposes of his profession asan attorney-at-law.
(b) Where any notary who is an attorney-at-law has two offices for the purposes ofhis profession as a notary, one of suchoffices shall be at his residence :
Provided, however, that any such notarymay, if authorized in that behalf in writingunder the hand of the Registrar-General,have both such offices at places described inparagraph (a) (ii) of this subsection.
11. The Minister may on applicationmade in that behalf grant to a notary,having a warrant authorizing him topractise within a judicial zone, a freshwarrant authorizing him to practise withinanother judicial zone.
12. (1) Every person to whom a warranthas been granted to practise as a notaryshall before commencing to practise—
(a) make and sign before the High CourtJudge having jurisdiction over thearea specified in the warrant adeclaration in the form C in theSecond Schedule ;
(b) execute a bond in favour of theRepublic in the amount of twothousand rupees, conditioned forthe due and faithful discharge of hisduties as a notary, which amountshall be secured either by thehypothecation of immovableproperty or by the deposit ofmovable property (such immovableor movable property being propertybelonging to himself or some otherperson), or by the guarantee of theInsurance Corporation* ; and
(c) file in the High Court holden in suchzone an attested copy of hiswarrant.
(2) Every bond referred to in paragraph(b) of subsection (1) shall be signed inthe presence of the High Court Judgehaving jurisdiction over the area specified inthe warrant of the notary :
Provided that the guarantee of theInsurance Corporation* may be signed onbehalf of the Corporation in the registeredoffice of the Corporation.
13. If any person shall practise or act asor exercise the office or functions of anotary without having obtained suchwarrant as aforesaid, or without havingmade and signed such declaration and givensuch bond and security as aforesaid, orwithout having filed an attested copy of hiswarrant, every such person shall be guilty ofan offence, and liable on conviction thereofto a fine not exceeding two thousandrupees, or to simple or rigorousimprisonment for any period not exceedingthree years, or to such fine as well as suchimprisonment.
14. (1) Any person who has givensecurity on behalf of a notary by thehypothecation of immovable property or bythe deposit of movable property, or theInsurance Corporation bound as surety to anotary, may apply to the High Court Judgehaving jur isdict ion over the area specified insuch notary's warrant to be discharged fromany liability incurred by such person or suchCorporation under section 12.
Notary tomakedeclaration andgive security.
Penalty forpractising asnotary withoutwarrant, &c.
Discharge ofInsuranceCorporation.
* The reference to "an approved guarantee company" is replaced by a reference to the Insurance Corporationconsequent to the amendment to section 2 (d) of the Public Officers' Security Ordinance by Act No. 4 of 1968.
V l / 6
NOTARIES [Cap.110
(2) The High Court Judge to whom anyperson or such Corporation applies undersubsection ( I ) for a discharge of suchperson's or such Corporation's liability may,if he is satisfied that such person or suchCorporation has given six weeks' notice tothe notary of his or its intention to makesuch application and that such person orsuch Corporation has good cause forclaiming such discharge, endorse on thebond an order discharging such person orsuch Corporation from any liability inrespect of any act of the notary done afterthe date of the order.
When notary 16.* ( I ) If at any time the security givento furnish fresh by or on behalf of any notary shall perish orsecurity. is lost or ifany person who has given
security by the hypothecation of immovableproperty or by the deposit of movableproperty or the Insurance Corporationbound as surety is discharged under section14 (2) from liability, the notary shall executea fresh bond in accordance with theprovisions of section 12.
(2) If in any case to which subsection ( I )applies any notary shall practise or act as anotary without having executed a freshbond as provided in that subsection, he shallbe guilty of an offence and liable onconviction thereof to the punishmentprovided in section 13.
Enrolling ofnotaries in theHigh Court.
List of notarieslo be posted inthe courts.[§6, Law 20 of1976.]
17. Upon a notary making and signingthe declaration and giving the securityrequired by section 12 the High Court Judgeshall, without fee or reward, enrol his nameand the date of his admission as a notary ina roll or book to be provided and kept forthat purpose in the High Court holden inthe relevant zone, and shall file the saiddeclaration and bond, together with anattested copy of such warrant, of record inthe said court.
18.+ (1) A list of all persons authorizedto act as notaries within any zone shall bekept at all times posted in some conspicuousplace at the High Court holden in the zonefor general information.
(2) The Registrar of the court shall fromtime to lime, as occasion may require,correct the said list by striking therefrom thenames of any notaries who have died orbeen struck off the roll of notaries, or haveleft the said zone, or ceased to practise asnotaries therein.
(3) The Registrar shall on the thirtiethday of June and the thirty-first day ofDecember in each year forward to theRegistrar-General a copy of such listcorrected up to date, and to each of theseveral District Courts, Family Courts andPrimary Courts within the zone a correctedlist of notaries entitled to practise wi th in thejurisdiction of such District Courts, FamilyCourts and Primary Courts respectively.
(4) Each District Judge, Judge of theFamily Court and Judge of the PrimaryCourt shall cause the list so received by himto be affixed to some conspicuous place onthe wall of his court.
19. (1) Where a notary has been indictedbefore thc High Court, the Minister may, onthe application of the Attorney-General,suspend him from the office of notarypending his trial. If the notary shall beacquitted, or shall not be brought to trialwithin six months after his suspension, thesame shall cease to be in force and shall bedeemed to be removed.
(2) Where a notary, who is an attorney-at-law, has been suspended from his office asattorney-at-law, he shall during the periodof the suspension be disqualified fromdischarging the duties of a notary.
20. If any notary shall be lawfully Cancellation ofconvicted of any offence which, in theopinion of the Minister, renders him unfit tobe entrusted with any responsible office, orif any such person, being an attorney-at-law,shall be duly removed from the office ofattorney-at-law, every such person shallbecome disqualified for the office of notary,and the warrant granted to him shall becancelled.
Suspension ofnotary fromoffice.[§7, Law 20 of1976.]
notary swarrant.
Section 15 is omitted consequent to the amendment to section 2 (d) of the Public Officers'(Security) Ordinanceby Act N o . 4 of 1968.+ The reference to Magistrates' Courts in subsections (3) and (4) of this section is omitted and replaced byreference to Primary Courts, as the civil jurisdiction of Magistrates' Courts was taken over by Primary Courts.
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Cap.110] NOTARIES
Inquiry intonotary'smisconduct orincapacity.
21. (1) It shall be the duty of the HighCourt Judge within whose jurisdiction anotary resides, upon being satisfied, afterdue inquiry, that such notary -
(a) has been guilty of any offence,whether in his capacity of notary orotherwise, which in the opinion ofthe High Court Judge renders himunfit to be entrusted with the dutiesof a notary ; or
(b) has grossly misconducted himself inthe discharge of the duties of hisoffice ; or
(c) has so conducted himself by repeatedbreaches of any of the rules madeby or under this Ordinance that heought not to be any longerentrusted with the performance ofthe said duties ; or
(d) has been convicted three times oroftener for a violation or disregardof or neglect to observe theprovisions of rule (26) in section31 ; or
(e) has proved himself by reason ofincompetence, age, physical ormental infirmity, or otherwise,incapable of discharging the dutiesof his office with advantage to thepublic,
to report the same in writing to the Ministerwith the evidence taken at the inquiry.
(2) Where the report is to the effect thatthe notary has been guilty of any suchoffence or misconduct as is mentioned inclauses (a), (b), (c), or (d) of the lastpreceding subsection, the Minister maycancel the warrant of such notary, or maysuspend him from office for such period asmay appear just. Where the report is to theeffect that the notary is incapable ofdischarging his duties with advantage to thepublic, the Minister may cancel his warrantor may require him to resign his officewithin a specified time, and in default ofsuch resignation may cancel his warrant.
(3) For the purposes of such inquiry theHigh Court Judge shall have power torequire the attendance before himself of the
notary and of any witnesses, and theproduction of any document that the HighCourt Judge may deem material, and toexamine such witnesses on oath oraffirmation, and to examine such notarywithout oath or affirmation.
(4) Any person required to attend and beexamined or to produce a document asaforesaid, who shall without reasonablecause fail to comply with such requirement,shall be guilty of an offence, and liable onconviction to a fine not exceeding onehundred rupees.
(5) No statement made by the notary atthe inquiry shall be used in any criminalprosecution instituted against him.
22. (1) If a notary applies to theRegistrar-General in writing to resign fromand to cease to act in the office of notary,the Registrar-General shall forthwithforward the application to the Minister whomay accept such resignation as from thedate desired by the notary.
(2) When a notary has resigned under thissection his warrant shall be deemed to becancelled for the purposes of sections 23, 24,25 and 26.
(3) Notwithstanding such resignation anotary shall continue to remain subject tothe provisions of this Ordinance and allrules contained therein or made thereunderin respect of all things done or omitted byhim in the exercise of his functions asnotary prior to the resignation.
23.* ( I ) Whenever a notary's warranthas been cancelled or a notary has beensuspended from office, notice thereof shallbe given in the Gazette, and a certificatethat such warrant has been cancelled ornotary suspended shall be transmitted, bythe Secretary to the Ministry, to theRegistrar-General and to the High CourtJudge and several District Judges, Judges ofthe Family Courts and Judges of thePrimary Courts within whose jurisdictionsuch notary shall have been authorized toact.
(2) The High Court Judge of the court inwhich the name of such notary is enrolledshall in the case of the cancellation of thenotary's warrant cause his name to beimmediately struck off the roll of notaries,and in the case of the notary's suspensionfrom office, shall note the fact in the rollopposite his name.
Resignation ofoffice.
Certificate ofcancellation orsuspension ofwarrant to betransmuted toand posted inthe localcourts.[§8, Law 20 of1976]
* See the footnote to section 18.
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NOTARIES [Cap. 110
Penalty onnotarypractising afternotice ofsuspension, &c.
Minister mayrevokecancellation ofwar rani.
Notice ofrevocation-[§9. Law 20 of1976.]
Restoration to.or insertion in,the roll ofnotaries ol thenotary's name.&c.
(3) A copy of such certificate, with atranslation in the Tamil and Englishlanguages subjoined thereto, shall be keptposted in some conspicuous place at everysuch High Court, District Court. FamilyCourt and Primary Court for such period asthe court may direct.
24. If any person shall act as or exercisethe office or functions of a notary afterhaving received notice of any suchsuspension as aforesaid, and before thesame shall have been removed, or afterhaving been convicted of any offencedisqual i fy ing him for the said office, or afterhaving been removed from the office ofattorney-at-law as hereinbefore mentioned,or after having received notice that thewarrant granted to him has been cancelledor withdrawn as aforesaid, he shall be guil tyof an offence, and be liable on convictionthereof to a fine not exceeding one thousandrupees, or to imprisonment, simple orrigorous, for any period not exceeding threeyears, or to such fine as well as suchimprisonment.
25. (1) In any case in which a notary'swarrant shall have been withdrawn orcancelled under the provisions of thisOrdinance, the Minis te r may make an orderrevoking such withdrawal or cancellation,and issue a fresh warrant authorizing him topractise wi th in the area in which he waspractising immediately preceding suchwithdrawal or cancellation or within someother area.
(2)* Notice of such order shall be givenin the Gazette, and a copy thereof shall betransmitted, by the Secretary to theMinis t ry , to the High Court Judge havingjurisdiction over the area specified in thefresh warrant issued under subsection (1) ofthis section, and to the several DistrictJudges, Judges of the Family Courts andthe Judges of the Primary Courts havingjur i sd ic t ion within the said area and to theRegistrar-General.
26. (1) Upon receipt of a noticetransmitted under section 25 (2) by a HighCourt Judge, he shall, if the notary's freshwarrant is produced before him, restore to,or insert in, the roll of notaries such notary'sname.
(2) The High Court Judge restoring to, orinserting in, the roll of notaries the name ofa notary shal l require fresh security tobe provided by such notary in terms ofsection 12.
(3) Every notary, whose name has beenrestored to, or inserted in , the roll ofnotaries under subsection ( I ) of this sectionand who has furnished fresh security interms of section 12 shall be entitled toexecute the office of a notary in conformitywith the authority given to him by his freshwarrant.
27. ( I ) I t shall be the duty of everyRegistrar of the High Court holden in everyzone, on the application of any personentitled to practise as a notary within thejurisdict ion of such court, to issue to him acertificate that such person is a notary andduly authorized to practise as such therein.
(2) All such certificates shall be appliedfor and granted on or before the first day ofMarch in every year, and shall be in forcefor one year and no longer :
Provided, however, that if such certificateshall not be applied for within the timelimited, and it shall be shown to thesatisfaction of the High Court Judge thatthe delay was due to accident, misfortune orother unavoidable cause, the High CourtJudge may direct the Registrar to issue therequired certificate notwithstanding suchdelay as aforesaid.
(3) Such certificate shall be in the form Din the Second Schedule, and shall bear astamp duty of ten rupees :
Provided that it shall be lawful for theMinister to authorize the issue of any suchcertificate on unstamped paper in any casein which the circumstances of any zone orplace appear to him to render such aproceeding necessary or advisable.
28. (1) For the purpose of obtainingsuch certificate a declaration in writing,signed by such notary, containing thefollowing particulars :—
(a) his name and place or places ofresidence ;
(b3) the exact situation of his office or ofeach of his offices ;
(c) the area in which he is authorized topractise ;
Certificates tobe grantedyearly tonotaries byRegistrar ofthe HighCourt.
Notariesapplying forcertificates tomakedeclaration.
* See the footnote to section 18.VI/9
Cap.110] NOTARIES
On refusal byRegistrar togrant anycertificate,application lobe made to theHigh Court.
Appeal toCourt ofAppeal.
Penalty onnotariespractisingwithoutcertificate.
(d) whether at any time since the date of thelast declaration, if any, made by himunder this section, the security givenby or on behalf of him has perishedor been tost, or any person who hasgiven security by the hypothecationof immovable property or by thedeposit of movable property, or theInsurance Corporation has beendischarged under section 14 (2) fromliability,
shall be delivered to the said Registrar, whoshall, as soon as conveniently may be afterthe delivery of such declaration (unless heshall see cause and have reason to believethat the party applying for such certificate isnot upon the roll of notaries or notauthorized to practise as such in suchzone or has not furnished security asrequired by this Ordinance), deliver to thesaid notary such certificate as aforesaid.
(2) Where a notary, who is an attorney-at-law, specifies in the declaration referred to insubsection (1), more than one residence, heshall in addition set out in that declarationwhich one of those residences he intends touse or uses as an office,
(3) If any person shall make any falsestatement in any such declaration, he shall beguilty of an offence, and be liable onconviction to a fine not exceeding fivehundred rupees.
29. (1) In case the said Registrar shalldecline to issue any such certificate to anynotary as aforesaid, the notary may apply tothe High Court holden in such zone, which ishereby authorized to make such order in thematter as shall be just.
(2)* Any party who is aggrieved by anyorder made under subsection (1) of thissection, or by the refusal of a High CourtJudge to direct the issue of a certificate in anycase referred to in the proviso to section 27(2), may appeal against such order or refusalto the Court of Appeal.
30. If any person shall act as a notarywithout having obtained such certificate asaforesaid, he shall for or in respect of everydeed executed or acknowledged before him
as such notary, whilst he shall have beenwithout such certificate, be guilty of anoffence and be liable to a fine not exceedingfifty rupees.
31. It is and shall be the duty of every Rules to benotary strictly to observe and act in observed by conformity with the following rules, that is notaries.to say :—
Notary not todivulge secretswithoutpermission.
Attestation ofdocumentsdrawn by anyother person.
(1) He shall not divulge the secretsconfided to him or of which hebecomes possessed in the executionof his office, unless with the expresspermission of his employer or whenrequired to do so by law.
(2) He shall not authenticate or attest adeed or instrument drawn in SriLanka by any other person, unlessthere shall be endorsed thereon acertificate signed by a notarycertifying that such deed orinstrument has been drawn byhimself.
(3) He shall not require, permit, or sufferany party or any witness to anydeed or instrument executed or tobe executed before him to sign hisname or make his mark to oracknowledge any such deed orinstrument or any duplicate orother part thereof or any draft orcopy thereof intended to bepreserved in his protocol, or to signhis name or make his mark uponany paper or other materialintended to be afterwards used forany such purpose, until the wholeof such deed or instrument shallhave been written or engrossedthereon.
deed or instrument written on paperwhich is not of a reasonablydurable description suitable for thepurpose of such document, norshall he attest any deed orinstrument written on ola.
(4) He shall not authenticate or attest any Material on
When may thesignature of aparty orwitness to adeed be taken.
which deedsmay be written.
* Subsection (3) is omitted as under the existing law there is no special procedure for appeals from aninterlocutory order of the High Court.
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NOTARIES [Cap.110
Deeds to bewritten onundivided sheetor sheetssigned by theRegistrar ofLands.
Insufficientlystampedinstrument notto be executed.
Stamps to becancelled at thetime ofexecution ofdeed.
Two witnessesessential forevery deed.
Partyexecuting thedeed should beknown tonotary or totwo attestingwitnesses.
(5) He shall not authenticate or attest anydeed or instrument which is writtenon more than one entire orundivided sheet or piece of paper,parchment, or other material,unless—(a) each of the sheets or pieces
used has been previouslyproduced before the Registrarof Lands for the district inwhich the notary resides, andhas been marked or signed orinitialled by such registrar inorder to prevent the sheetsbeing used for any otherpurpose ; or
(b) the parties executing the sameand the notary shall sign everysheet or piece in which anypart of the deed or instrumentis written.
(6) He shall not require, permit, or sufferany person to execute oracknowledge before him any deedor instrument which is insufficientlystamped.
(7) He shall at the time of the executionor acknowledgment before him ofevery deed or instrument which isnot stamped with an impressedstamp cancel the stamps thereon bywriting or marking in ink on oracross each stamp his name orinitials, together with the true dateof his so writing or marking, andshall write upon each stamp withink the number of the deed orinstrument to which such stamp isaffixed.
(8) He shall not authenticate or attest anydeed or instrument to which at leasttwo witnesses have not subscribedtheir signatures in letters.
(9) He shall not authenticate or attest anydeed or instrument unless theperson executing the same beknown to him or to at least two ofthe attesting witnesses thereto ; andin the latter case, he shall satisfyhimself, before accepting them aswitnesses, that they are persons ofgood repute and that they are wellacquainted with the executant and
Where bothpersonexecuting deedand attestingwitnessesunknown tonotary deednot to beexecuted.When deed tobe read overand explained.
know his proper name, occupation,and residence, and the witnessesshall sign a declaration at the footof the deed or instrument that theyare well acquainted with theexecutant and know his propername, occupation, and residence.
(10) He shall not authenticate or attestany deed or instrument in any casein which both the person executingthe same and the attesting witnessesthereto are unknown to him.
(11) He shall not authenticate or attestany deed or instrument in any casein which the person executing oracknowledging the same shall be orprofess to be unable to read thesame, or in which such person shallrequire him to read over the same,unless and until he shall have readover and explained the same, orcaused the same to be explained, inthe presence and hearing of suchperson and, except in the case ofwills and codicils, in the presence ofthe attesting witnesses.
(12) He shall not authenticate or attest When mayany deed or instrument unless the deed be
.1 i .1. attested.person executing the same and thewitnesses shall have signed the samein his presence and in the presenceof one another, and unless he shallhave signed the same in thepresence of the executant and of theattesting witnesses.
(13) He shall not authenticate or attest What deedsany deed or instrument to which he may not be
attested byis a party. notary.
Full names ofparties andwitnesses to beascertained.
(14) He shall before any party or witnesssigns any deed or instrumentascertain the full name of suchparty or witness, and if thesignature of such party or witnessdiffers from the name given by suchparty or witness, the notary shall, inhis attestation of such deed orinstrument, describe such party orwitness by such name and by thename written in the signature.
(15) If any deed or instrument executed or Duty of notaryacknowledged before him be signed in regard to
by any of the parties or witnesses with a mark.
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Cap.110] NOTARIES
Deeds affectingimmovableproperty.
Registers in theland registry tobe searchedbeforeexecuting deedaffecting land.
thereto with a mark, or with asignature in a language other thanthat in which the notary is authorizedto practise, he shall write over suchmark or signature in his ownhandwriting and at the time ofexecution the words "This is themark (or signature, as the case maybe) of A. B." (here insert the name ofthe person signing with the mark orsignature) ; and in the case of a markhe shall besides require such personto affix to the deed or instrument theimpression of his left thumb andshall write over such impression atthe time and in the manner aforesaidthe words "This is the left thumbimpression of A. B." (here insert thename of the person whose thumbimpression it is).
(16) (a) He shall not authenticate or attestany deed or instrument other than awill or codicil affecting land or otherimmovable property, unless the deedor instrument embodies therein or ina schedule annexed thereto adescription of the said land or otherproperly showing its boundaries(which shall include wheneverpracticable the names of the landsadjoining it and of their owners), itsprobable extent and situation (withrespect to the town or village, pattu,korale, administrative district, andprovince), and its name andassessment number, if any ;
(b) if such property consist of a share of aland or other property, the deed shallstate whether it is a divided orundivided share, and the fractionalpart which it is of the whole. If it bea divided share, such share shall beclearly and accurately defined by itsparticular boundaries and extent ; ifit be an undivided share, theboundaries and extent shall be statedof the land of which it is a share :
Provided, however, that this ruleshall not apply to any agreement totransfer, to mortgage, or to lease anysuch property.
(17) (a) Before any deed or instrument (otherthan a will or codicil) affecting anyinterest in land or other immovableproperty is drawn by him, he shallsearch or cause to be searched theregisters in the land registry
Date ofexecution ofdeed to beinserted.
Erasures,interpolations,&c., not to bemade afterexecution ofdeed.
to ascertain the state of the title inregard to such land and whether anyprior deed affecting any interest insuch land has been registered ;
(b) if any such prior deed has beenregistered, he shall write in ink at thehead of the deed the number of theregister volume and the page of thefolio in which the registration of suchprior deed has been entered :
Provided that if the parties to thetransaction authorize the notary inwriting to dispense with the search,the search shall not be compulsory,but he shall before the deed orinstrument is tendered forregistration write at the head thereofthe reference to the previousregistration, if any.
(18) He shall correctly insert in letters inevery deed or instrument executedbefore him the day, month, and yearon which and the place where thesame is executed, and shall sign the
same.
(19) He shall not make any erasure,alteration, or interpolation in anydeed or instrument after the same hasbeen signed by the executing party orparties.
(20) He shall without delay duly attest every Attestation.deed or instrument which shall beexecuted or acknowledged beforehim, and shall sign and seal suchattestation. In such attestation heshall state—
(a) that the said deed or instrumentwas signed by the party and thewitnesses thereto in hispresence and in the presence ofone another ;
(b) whether the person executing oracknowledging the said deed orinstrument or the attestingwitnesses thereto (and in thelatter case he shall specifywhich of the said witnesses)were known to him ;
(c) the day, month, and year on whichand the place where the saiddeed or instrument wasexecuted or acknowledged, andthe full names of the attestingwitnesses and their residences ;
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NOTARIES [Cap. 110
Form ofattestation.
Deed not to beattested outsidenotary'sjurisdiction orin languageother than thatin which he isauthorized topractise.
(d) whether the same was read over bythe person executing the same,or read and explained by him,the said notary, to the saidperson in the presence of theattesting witnesses ;
(e) whether any money was paid ornot in his presence as theconsideration or part of theconsideration of the deed orinstrument, and if paid, theactual amount in localcurrency of such payment;
(f) the number and value of theadhesive stamps affixed to orthe value of the impressedstamps on such deed orinstrument and the duplicatethereof;
(g) s p e c i f i c a l l y the e r a s u r e s ,alterations, and interpolationswhich have been made in suchdeed or instrument, andwhether they were madebefore the same was read overas aforesaid, and the erasures,alterations, and interpolations,if any, made in the signaturesthereto, in its serial number,and in the writing on thestamp affixed thereto.
(21) Every such attestation shall besubstantially in the form E in theSecond Schedule, and shall belegibly signed by him in thelanguage in which the deed orinstrument is written, and also withhis usual signature if the languageor form of that signature bedifferent from that in which suchdeed or instrument is written. Everyerasure, alteration, or interpolationin the attestation shall beauthenticated by the notary Withthe initial letters of his name.
(22) He shall not authenticate or attestany deed or instrument in any areaother than that in which he isauthorized to practise, nor in anylanguage other than that in whichhe is authorized to practise norauthenticate or attest any deed orinstrument drawn in any languageother than that in which he isauthorized to practise.
Deeds to benumbered.
Protocol to bepreserved bynotary.
(23) He shall number with consecutiveintegral numbers the documentsexecuted or acknowledged beforehim, including wills and codicils,according to the order in whichthey are executed or acknowledgedbefore him. If he shall change hisarea, as provided by section 11 ofthis Ordinance, and if the new areabe in a different zone from theold area, he shall numberconsecutively the documentsattested by him in the new area,commencing with number " 1 ".
(24) He shall carefully preserve as hisprotocol a draft or copy of everydeed or instrument executed oracknowledged before him, to whichshall be attached his signature andthose of the party and witnesses tothe original deed or instrument, andhe shall keep a register thereof witha convenient index for the purposeof easy reference ; and every suchregister shall be substantially in theform F in the Second Schedule, butin the case of wills and codicils onlythe number and date of theinstrument shall be inserted in theregister.
(25) Where any deed or instrument is Deeds executedexecuted or acknowledged before before more
than onemore than one notary— notary.
(a) the notary who first attests suchdeed or instrument shallcomply with all therequirements of rule (20), andevery other notary attestingsuch deed or instrument shallcomply with the requirementsof paragraphs (a) to (e) of theaforesaid rule and theprovisions of paragraph (g) inrespect of erasures, alterationsand interpolations made in thesignatures attested by him orin his serial number ;
(b) every notary attesting the deed orinstrument shall number suchdeed or instrument inaccordance with theprovisions of rule (23) ;
VI/13
Cap.110] NOTARIES
Duplicates ofdeeds to betransmitted toRegistrar ofLands.
(c) the notary who first attests such deedor instrument shall preserve as hisprotocol the draft or copy referredto in rule (24), and shall complywith the requirements of that rule,and every other notary attestingsuch deed or instrument shallsupply himself with a certified copyof the deed or instrument, whichshall be deemed to be his protocolfor the purposes of that rule ; and
(d) every notary attesting such deed shall,in addition, as far as possible,comply with the other provisions ofsection 31.
(26) (a) He shall deliver or transmit to theRegistrar of Lands of the district inwhich he resides the followingdocuments, so that they shall reachthe registrar on or before thefifteenth day of every month,namely, the duplicate of every deedor instrument (except wills andcodicils) executed or acknowledgedbefore or attested by him during thepreceding month, together with alist in duplicate, signed by him, ofall such deeds or instruments, whichlist shall be substantially in theform F in the Second Schedule :
Provided, however, that in thecase of wills and codicils only thenumber and date of the documentshall be inserted in such list ;
(b) if no deed or instrument has beenexecuted before any notary in anymonth, the notary shall, unless he isabsent from Sri Lanka, furnish a nillist for that month on or before thefifteenth day of the followingmonth ;
(c) (i) where any deed or instrumentwhich is to be executed oracknowledged by two or moreparties is signed during any monthby one or more, as the case may be,of such parties, the notary shall,notwithstanding that the deed orinstrument has not been signed byall such-parties, include such deedor instrument in the list required to
be delivered or transmitted underparagraph (a), and shall, if calledupon so to do by written noticeserved on him personally or byregistered post and signed by theRegistrar of Lands of the district inwhich the notary resides, produce theduplicate of such deed or instrumentfor inspection at the office of theregistrar on or before such date asmay be specified in the notice ;
(ii) where any such deed or instrument isnot signed by all the parties theretobefore the expiry of a period of threemonths from the date on which it isfirst signed by one of such parties,the notary shall, if called upon so todo by written notice served on himpersonally or by registered post andsigned by the Registrar of Lands ofthe district in which the notaryresides, deliver or transmit to theregistrar the duplicate of such deedor instrument; and where any suchduplicate has been so delivered ortransmitted, the notary shall, at anytime during the period of two yearssucceeding the date of such deliveryor transmission, be entitled ondemand to the return of the duplicatefor the purpose of the completion ofthe deed or instrument.
(27) He shall deliver or transmit to theRegistrar of Lands of the districtwithin which he resides, so as toreach the registrar on or before everyWednesday, a list of the work doneby him as notary in the week endingthe previous Saturday. Every suchlist shall be substantially in the formG in the Second Schedule :
Provided that in the case of a willor codicil the names of the person orpersons executing or acknowledgingthe instrument shall not be inserted.
(28) Where any deed or instrument other Transmission tothan a will or codicil shall be the Registrar of, , _, executed or acknowledged by two or Lands of deeds more parties before more than one executed beforenotary, the duplicate of such deed differentor instrument shall be notaries.
Weekly list ofwork done tobe transmittedto Registrar ofLands.
VI/14
NOTARIES [Cap.110
Transmission tothe Registrar ofLands of deedsaffecting landssituated outsidedistrict in whichnotary resides.[§10, Law 20 of1976.]
Procedure inregard to deedexecuted by anattorney.
Notice ofintention tochange office orto'discontinuepractice to begiven to HighCourt Judge.
Notice onchange ofoffice.
delivered or transmitted by thenotary who first attests such deed orinstrument to the Registrar of Landsof the district in which he resides ;and it shall not be necessary for theother notary or notaries employed inthe execution of such deed orinstrument to deliver or transmit anyduplicate thereof to such registrar.
(29) If a deed or instrument other than awill or codicil affects a land situatedin a district other than that in whichthe notary before whom it is signed,and by whom it is attested, 'shallreside, such notary, or in case suchdeed or instrument is attested by twoor more notaries, then the notaryupon whom is cast the duty oftransmitting to the Registrar ofLands the duplicate of such deed orinstrument, shall on or before thefifteenth day of the month nextfollowing that in which the same wasexecuted (besides transmitting theduplicate in manner aforesaid)deliver or transmit to the Registrar ofLands of the district in which suchland shall be situated a copy thereofcertified by him as correct, togetherwith a list in duplicate in the form Fin the Second Schedule, signed byhim, of all such deeds or instrumentsas relate to lands in such last-mentioned district.
(30) If he attest any deed or instrumentexecuted before him by means of anattorney, he shall preserve a truecopy of the power of attorney withhis protocol, and shall forward a likecopy with the duplicate to theRegistrar of Lands.
(31) He shall give one month's notice to theHigh Court Judge in the judicialzone in which he is authorized topractise, and also to the Registrar-General, of his intention to changehis office or to discontinue hispractice, and shall affix a writtennotice to that effect, signed by him,on the outside door or wall of theHigh Court holden in the zone,
(32) Whenever he shall change his office heshall without delay give notice ofsuch change to the Registrar of
Lands of the district and the HighCourt Judge in the judicial zone andthe Government Agent of theadministrative district in which hisnew office is situated.
(33) When a deed transferring anyimmovable property is executed oracknowledged before a notary, heshall use his best endeavours toobtain the title deed, if any, of suchproperty, and make an endorsementthereon stating the number and dateof the deed executed before him andthe nature of the transaction andattach his signature thereto,
(34) He shall, in regard to any irregularity,error, or omission discovered oralleged to have been discovered inthe 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 whenrequired by the Registrar-General orby the Registrar of Lands under theorder of the Registrar-General, butsuch explanation shall in no case becalled for after the expiry of twenty-four months from the date of thecommission of such irregularity orerror, or of such omission.
(35) He shall cause his name, with theaddition " Notary Public", to bepainted or affixed in legiblecharacters in the Sinhala languageand the language in which he isauthorized to practise in aconspicuous place at or near theentrance to his office or place ofbusiness, or, if he has more than oneoffice or place of business, at theentrance to each such place.
(36) It shall be the duty of every notary,not being an attorney-at-law, strictlyto observe and act in conformitywith the following additional rules,that is to say:—
(a) He shall live and hold office at suchplaces as he may elect, subject tothe approval of the Minister.
Title deed ofimmovableproperty to beobtainedwhereverpossible.
Notary boundto furnishRegistrar-General withexplanationwhenever calledupon.
Name to beaffixed atentrance tooffice.
Additionalrules applicableto notary whois not anattorney-at-law.
Notary to holdoffice atapproved place.
VI/15
Cap.110] NOTARIES
Records to bekept at notary'soffice.[§10, Law 20 of1976.]
When notarybound to bepresent inoffice.
Notary toproduce recordswhen required.
Provisions as toapplication ofrules in section31 in specialcases.
(b)* He shall keep his records at hisoffice or if he has more thanone office, at such office asmay be approved of by theRegistrar-General and shall atall reasonable times permitthe Registrar-General, theGovernment Agent of theadministrative district, HighCourt Judge, District Judge,Judge of the Family Court, orJudge of the Primary Courtwithin the zone, within whichsuch notary resides to inspectsuch records at such office.
(c) He shall, unless prevented bysickness or other good cause,be present between the hours of10 a.m. and 1 p.m. onMondays and Thursdays, or, ifsuch day be a public holiday,on the following day, at theoffice in which he keeps hisrecords. The taking ofinstructions for or signature toa deed or instrument shall notbe a good cause for absencefrom office, unless the personwhose instructions or signatureis to be taken is believed to beon the point of death.
(d) He shall at all reasonable times,when required by any of theofficers named in the rule (b),produce before him at thenearest land registry, kachcheri,court, resthouse, or otherpublic place such records asmay be specified in a notice tobe served on such notary. Thenotice shall be deemed dulyserved if left at his residence oroffice.
32. (1) The provisions of rules (20), (23),(24), (25), and (26) set out in section 31, andof rule (16) as to the statement of theboundaries, shall not apply to any of thefollowing deeds or instruments :—
(i) a power of attorney for use out of SriLanka ;
(ii) a deed solely affecting property notsituated in Sri Lanka ;
(iii) a transfer of stock of anyGovernment ;
(iv) a transfer of stock, shares, ordebentures of any company orcorporation not having its registeredoffice in Sri Lanka ;
(v) a notice of protest by a ship's officerbut not an extended protest.
(2) In the case of any deed or instrumentwhich is to be executed by two or moreparties, both or all of whom, as the case maybe, do not sign the deed or instrument at thesame time and place—
(i) the deed or instrument shall, for thepurposes of the application of rules(6), (7), (23) and (25) set out insection 31, be deemed to be executedor acknowledged at the time when itis first signed by a party, or by twoor more parties at the same time andplace ;
(ii) the deed or instrument shall, for thepurposes of the application of rules(18) and (20) set out in section 31, bedeemed to be executed oracknowledged whenever it is signedby a party, or by two or more partiesat the same time and place ; and
(iii) the provisions of rule (19) set out insection 31, shall apply after the deedor instrument is first signed by aparty, or by two or more parties atthe same time and place.
33. No instrument shall be deemed to beinvalid by reason only of the failure of anynotary to observe any provision of any ruleset out in section 31 in respect of any matterof form :
Provided that nothing hereinbeforecontained shall be deemed to give validity toany instrument which may be invalid byreason of non-compliance with the provisionsof any other written law.
34. (1) If any notary acts in violation of or Penalty fordisregards or neglects to observe any of the beaches ofrules set out in section 31 or any rule made, rules in sectionapproved and published in accordance with 31the provisions of section 36, binding uponhim, he shall be guilty of an offence, andshall, on conviction after summary trial beforea Magistrate, be liable to a fine not exceedingtwo hundred rupees, in addition to any civilliability he may incur thereby :
Provided, however, that where any notaryacts in violation of or disregards or neglects toobserve the provisions of rule (26) set out insection 31 the Registrar-General may, by
Instruments notto be invalid fornon-compliancewith section 31in any matter ofform.
* See the footnote to section 18. VI/16
NOTARIES [Cap. 110
Power tocompoundoffences.
a written notice served on him personally orsent by registered post, call upon suchnotary to comply with the requirements ofthe said rule within such further time as hemay specify for such purpose, and anynotary who fails to comply with the terms ofsuch notice shall be guilty of an offence andshall, on conviction after summary trialbefore a Magistrate, be liable to a fine notexceeding five hundred rupees.
(2) If any notary has been convictedunder the proviso to subsection (1) of thissection for non-compliance with the termsof a notice calling upon him to comply withthe requirements of rule (26) set out insection 31 relating to the delivery of certaindocuments to the Registrar of Lands of thedistrict in which the notary resides, and thenotary fails within a week of suchconviction to deliver the documentsspecified in the notice to that registrar, theMinister may, on application made in thatbehalf by the Registrar-General, suspend thenotary from his office as notary for suchperiod as the Minister may deem fit.
35. (1) In any case where the Registrar-General has reasonable grounds forbelieving that any notary has committed anyoffence referred to in section 28 (3), section30, section 34, section 37 or section 41, theRegistrar-General may, if he thinks fit,instead of instituting criminal proceedingsagainst such notary, accept from him suchsum of money as he may consider proper incomposition of the offence ; and where theRegistrar-General has accepted any sum ofmoney from any notary in composition ofany alleged offence—
(i) criminal proceedings shall not betaken, or if already taken shall notbe continued in respect of suchoffence ; and
(ii) such composition shall not have theeffect of discharging any personwho has given security on behalf ofa notary by the hypothecation ofimmovable property or by thedeposit of movable property, or theInsurance Corporation bound assurety from any liability incurredunder section 12.
(2) All moneys received by the Registrar-General in composition of any offence shallbe paid into the Treasury.
VI/17
36. ( I ) The Minister may make rules forthe conduct of notaries, not being attorneys-at-law, in the discharge of their notarialduties.
(2) No rule made under subsection (1) ofthis section shall have effect until that rulehas been approved by Parliament, and untilthe rule has been published in the Gazette.
(3) Every rule made, approved andpublished in accordance with the precedingprovisions of this section shall be as validand effectual as if it were herein enacted.
37. Whenever a notary has receivedinstructions to register, and a sufficient sumto meet the necessary expense of registering,any deed drawn or attested by him, andshall in such case fail to use due diligence ineffecting such registration, he shall be guiltyof an offence, and liable on conviction to afine not exceeding one thousand rupees, inaddition to any civil liability which he mayincur by reason of his default.
38. (1) It shall be the duty of everynotary to endeavour to ascertain the trueand full consideration for the execution ofany deed, and to insert and set forth thesame in such deed.
(2) Any notary who shall knowingly andwilfully insert or set forth in or upon anysuch deed any other than the full and trueconsideration or money directly orindirectly paid or secured, or agreed to bepaid or secured for the same, or the actualvalue of the same, or shall abet the doingthereof, respectively, shall be guilty of anoffence, and liable to a fine not exceedingone thousand rupees for every such offence,in addition to any civil liability which hemay incur thereby.
39. If any notary—
(a) shall attest any fraudulent deed,knowing the same to be fraudulent ;or
(b) shall knowingly and wilfully, withintent to prejudice or defraud anyperson, insert in any deed orinstrument whatsoever any word,letter, figure, matter, or thing whichought not to have been insertedtherein, or omit to insert thereinany word, letter, figure, matter, orthing which ought to have beeninserted therein ; or
Power to makerules.
Notary to usediligence inregisteringdeeds.
Notary to tryto ascertaintrueconsideration.
Penalty onnotary actingfraudulently.
Cap.110] NOTARIES
(c) shall attest any deed without theperson whose signature or mark heattested and the attesting witnesseshaving appeared personally beforehim at the time when such deed wasexecuted or acknowledged ; or
(d) shall knowingly and wilfully makeany false statement in theattestation to any deed executed oracknowledged before him ; or
(e) shall wilfully, maliciously, orfraudulently misstate ormisrepresent to any party theretothe contents or effect of any deedexecuted or acknowledged beforehim ; or .
(f) shall by any other wilful act, either ofcommission or omission, commit orattempt to commit any fraud in theexecution of his office ; or
(g) shall wilfully, maliciously, orfraudulently deface, mutilate,injure, destroy, or make away withany deed or any draft, minute, orcopy of any deed which had been inhis charge or custody, or which hewas bound to preserve,
every such notary shall in any of such casesbe guilty of an offence, and shall be liableon conviction thereof to imprisonment,simple or rigorous, for any period notexceeding five years.
40. (1) The several fees specified in theThird Schedule shall and may be lawfullydemanded and taken by notaries for theperformance of the duties of their office astherein expressed :
Provided that—
(a) it shall be competent to any notary orclient to agree to a higher or lowerfee than that prescribed in the ThirdSchedule ;
(b) such agreement, unless reduced towriting and signed by the parties,shall not be enforceable in a courtof law.
[§11, Law 20 of (2)* A correct copy of the Third Schedule1976-] in the Sinhala, Tamil and English languages
of the fees chargeable by notaries shall be at
Fees ofnotaries.
all times posted in some conspicuous placeat the High Court holden in every zone andat every District Court, Family Court andPrimary Court, and at every Land Registryand kachcheri, and by every notary in eachof his offices.
(3) Any notary, if required by the client,shall give a written receipt for money paidto him as fees.
41. (1) If any person being removed.from or ceasing to act in the office ofnotary, or, in case of the death of any suchnotary, if any of his heirs, executors, oradministrators, or any other persons, intowhose possession the same shall havecome—
(a) shall wilfully lose or injure or destroy,or shall without just and lawfulcause wilfully neglect or refuse todeliver over, as soon asconveniently may be, to theRegistrar of Lands of the district inwhich such notary was resident, anydrafts, minutes, or copies of anydeeds executed or acknowledgedbefore such notary, or anyinstruction book, register, index,deed, or document whateverpossessed by such notary in right ofhis said office ; or
(b) shall wilfully neglect or refuse todeliver over to the Registrar ofLands of the district the seal ofoffice of such notary to be defacedand returned,
every such person shall be guilty of anoffence, and shall on conviction thereof beliable to simple or rigorous imprisonmentfor any period not exceeding twelvecalendar months, or to a fine not exceedingtwo hundred rupees, or to both.
(2) Where two or more notaries carry ona notarial business in partnership which hasbeen notified to the Registrar-General, andone of the partners dies or retires from thebusiness, the continuing partner may retainduring the continuance of the business thedocuments specified in paragraph (a) ofsubsection ( I ) . But a list of the documentsshall be furnished to the Registrar-Generalby the continuing partner, who shall beresponsible for their safe custody and fortheir delivery to the Registrar-General.
Delivery toregistrar ofdocuments ofnotary dying,&c.
* See the footnote to section 18.VI/18
NOTARIES [Cap.110
[§1 2, Law 20 of1976.]
(3) Where a notary who is an attorney-at-law has engaged for the purposes of hisbusiness an assistant who is also a notaryand such assistant practises as a notaryunder such an engagement for the purposesof the business of the said notary who is anattorney-at-law, and the terms of suchengagement have been notified by theparties to the Registrar-General, upon suchassistant dying or leaving the service of hisprincipal, the Registrar-General may(subject to the terms of the engagement)empower the said principal to retain thedocuments specified in paragraph (a) ofsubsection (1), and all such documents shallthereupon, for the purposes of thisOrdinance, be deemed to be documentsexecuted or acknowledged before suchprincipal, or possessed by him in right of hisoffice. But a list of the said documents shallbe furnished to the Registrar-General by theprincipal who shall be responsible for theirsafe custody and for their delivery to theRegistrar-General.
(4) Where the Registrar-General issatisfied that any notary has purchased thegoodwill of the notarial business of anothernotary who carried on business in a place inthe area within which the purchaser isauthorised to practise, but who has sincedied or who has ceased to act in the office ofnotary otherwise than by reason of thecancellation or suspension of his warrant,the Registrar-General may empower theheirs, executors, or administrators of thedeceased notary, or the notary so ceasing toact, to transfer to the notary so purchasingthe goodwill of the said business thedocuments specified in paragraph ( a ) ofsubsection (1) (not being wills or codicils, ordrafts, minutes, or copies of the same), or ifsuch documents have been already deliveredto the Registrar-General, may himselftransfer the said documents as aforesaid,and the said documents shall thereupon, forall the purposes of this Ordinance, bedeemed to be documents executed oracknowledged before the notary purchasingthe goodwill or possessed by him in right ofhis office. But a list of the said documentsshall be furnished to the Registrar-Generalby such notary, who shall be responsible fortheir safe custody and for their delivery tothe Registrar-General.
(5) It shall be lawful to the Registrar-General to extend the application of the
Notary todeliver to theregistrar lists ofduplicate deedsfiled.
provisions of subsections (3) and (4) of thissection—
(a) to any case in which an assistant hasdied or left the service of hisprincipal within five years prior tothe 27th day of October, 1917,notwithstanding that no notice ofthe terms of the engagement of suchassistant has been given to theRegistrar-General ; or
(b) to any case in which any notary hasdied, or has ceased to act in theoffice of notary within the saidperiod otherwise than by reason ofthe cancellation or suspension of hiswarrant :
Provided that the Registrar-General issatisfied that such a course has beenassented to by all persons interested.
42. Whenever the duplicate of any deedshall be transmitted to the registrar by anynotary under any rule in section 31 of thisOrdinance, or whenever any document shallbe delivered up to any registrar undersection 41, such notary or other persontransmitting or delivering the same shalltender to the registrar two lists thereof, andthe said registrar shall, after ascertaining thecorrectness thereof, sign the said lists, andreturn one of them to the said notary orother party, and file the remaining list, andsecurely keep and preserve the same and thedocuments specified therein with the otherrecords of his office :
Provided, however, that any document,other than a draft or copy of a will orcodicil, which is delivered to the registrarunder the last preceding section, may bedestroyed by him at any time after theexpiry of a period of two years from thedate on which the document was deliveredto him, if, after inspection duly made, he issatisfied that the duplicate of that documentis preserved in the records of his office.
43. In this Ordinance, unless the subject Interpretation.or context otherwise requires—
" High Court Judge " shall mean aJudge of the High Court ; '
" Registrar-General " includes a Deputy [§§ 2 & 3, LawRegistrar-General. 23 of 1978.]
VI/19
Cap.110] NOTARIES
FIRST SCHEDULE
[Section 7.]
[§3, Law 24 of1973.][§3, Law 24 of1973.]
REGULATIONS FOR THE ADMISSION OF ARTICLED CLERKS UNDER SECTION 7
1. Every person intending to be an articled clerk with a view to qualifying himself for the office of a notaryshall be required to sit for a competitive examination. At every such examination the Registrar-General mayreserve—
(a) not less than fifty per centum of the number of vacancies, for notaries' clerks who, at a date to be fixed bythe Registrar-General from time to time in respect of each such examination, have been so employed fora continuous period of not less than five years ; and
(b) the first four places out of the aforesaid fifty per centum for notaries' clerks with not less than 15 years(continuous or non-continuous) service at the aforesaid date ;
if the notaries' clerks referred to in the aforesaid provisions of this regulation' obtain qualifying marks at theexamination.
2. Every application by a candidate to sit for the examination referred to in regulation 1 shall—
(a) be sent to the Registrar-General;
(b) be susbstantiatly in form A 1 set out in the Second Schedule ;
(c) be accompanied by at least two certificates of character, one of which shall be not more than three monthsold ;
(d) be accompanied by the birth certificate of the candidate or such other authentic proof of age as may be,acceptable to the Registrar-General ; and
(e) in the case of a notary's clerk, be accompanied by a certificate or certificates from the notary or notariesunder whom he is employed or has been employed in proof of his eligibility under regulation 1.
3. Every application shall be made in the language in which the candidate proposes to practise, and shall be inhis own handwriting.
4. No person shall be permitted to sit for the examination unless he has reached the age of eighteen years on thedate of the commencement of the examination.
5. The examination shall be conducted by the Commissioner of Examinations, who shall send a report to theRegistrar-General, setting out the results of the examination in order of merit.
6. (1) On the receipt of the report referred to in regulation 5 from the Commissioner of Examinations, theRegistrar-General shall make inquiries, regarding the character, repute and suitability of such number of thecandidates named in the report as he may deem necessary.
(2) The Registrar-General shall, after due consideration of the results of the examination and the informationobtained in consequence of the Inquiries made under paragraph (1), select the required number of candidates to bearticled clerks, and shall inform by registered letter each candidate so selected that he has been selected to be anarticled clerk on the results of the examination, and that he is required within three months from the date of theletter, to nominate in writing the attorney-al-law with whom he proposes to enter into articles of agreement.
(3) Every candidate who has within the time specified furnished the written nomination required underparagraph (2) shall be issued a licence for the purpose of entering into articles of agreement with the attorney-at-law named by him.
7. Every candidate to whom a licence has been issued shall, within six months of the date of the issue of suchlicence—
(a) enter into articles of agreement with the attorney-at-law named in the licence and commence apprenticeship ;and
(b) send a copy of such articles of agreement to the Registrar-General.
8. No person shall be an articled clerk unless he has obtained a licence from the Registrar-General.
9. Every articled clerk shall serve his articles for a term of not less than two years.
10. If the attorney-at-law under whom the articled clerk is serving is not a notary practising in the language inwhich the clerk proposes to practise, he shall serve for one year as a clerk of such attorney-at-law, and for onesubsequent year as a clerk in the office of a notary practising in the language in which he intends to practise and
VI/20
NOTARIES [Cap.110
shall, in such a case, obtain a fresh licence from the Registrar-General and enter into fresh articles of agreementwith the notary named in such licence. A copy of such articles of agreement shall be sent to the Registrar-General.
11. In the event of the attorney-at-law to whom any person is articled dying or discontinuing to practise in thezone in which he practised when such articles were entered into, or for any other good and sufficient reason, theRegistrar-General may permit such articled clerk to transfer his articles to some other altorney-al-law, in whichcase the time during which he shall have served under his original articles shall be reckoned as part of the term ofhis apprenticeship, notwithstanding such transfer.
12. In proof of service under regulations 9 and 10, the clerk shall, on or before the thirty-first day of March, thethirtieth day of June, the thir t ieth day of September, and the th i r ty- f i rs t day of December, in each year, forward tothe Registrar-General a certificate in form B in the Second Schedule to this Ordinance from the attorney-at-law ornotary under whom he is serving.
13. Any articled clerk failing to furnish the certificate referred to in regulation 12 shall not be allowed, unless heexplains such fai lure to the satisfaction of the Registrar-General, to count the period during which he shall have sofailed as pan of the period of his apprenticeship.
14. For the purposes of these regulations, the expression " notary's clerk " means a clerk employed by a notaryfor the purposes of his professional work as a notary.
REGULATIONS FOR THE ADMISSION OF NOTARIES UNDER SECTION 7 [Section 7.]
1. Every articled clerk who has served his articles for a term of not less than two years and is desirous ofqualifying as a notary shall be required to sit for the final examinat ion for notaries, for which he shall make awritten application to the Registrar-General. Such application shall be substantially in form A2 in the SecondSchedule to this Ordinance, and shall be supported by the documents mentioned in paragraph 9 of that form.
2. Every articled clerk who intends to make the appl icat ion referred to in regulation I shall cause the notice ofhis intended application in Sinhala and in the language in which he intends to practise, to be affixed in someconspicuous part of the High Court holden in the Judicial /one in which he resides and to be publ ished at leastonce in the Gazette and in a local newspaper in the language in which he intends to practise. Sucli notice shall bepublished at least one month before the date of the application to the Registrar-General.
3. No articled clerk shall he eligible to sit for the examination referred to in regulation 1 after the expiry of twoyears from the date of the completion of his articles :
Provided that in any particular case the Minister may exempt an articled clerk from the operation of thisregulation.
4. The Registrar-General shall, on the receipt of the application referred to in regulation 1, t ransmit suchapplication, if it is in order, to the Council of Legal Education for the purpose of holding the examinationmentioned in that regulation. The Council of Legal Education shall hold the examination and send a report to theRegistrar-General setting out the results of the examination.
5. On the receipt of the report referred to in regulation 4, the Registrar-General shall, if he considers theapplicant duly qualified, make a recommendation to the Minister that the applicant is fit to be appointed a notarypublic.
SECOND SCHEDULE
Form AlAPPLICATION FOR PERMISSION TO SIT FOR THE COMPETITIVE EXAMINATION FOR THE SELECTION OF
ARTICLED CLERKSDate : . . . . . . . . . . . . . .
The Registrar-General,Colombo.
Sir,
I intend to become an articled clerk with a view to qualifying myself for the office of notary and hereby applyfor admission to the competitive examination to be held on . . . . . . . . . . . . . .for the selection of articled clerks.
[Regulation 2,First Schedule-A.]
2. My full name is : .....................................................
3. My place of residence is. : ......................................in the district of
4. I shall be not less than 18 years of age on the date of the commencement of the examination. My birthcertificate (or other authentic proofofage being . . . . . . . . . . . . . . ) is attached marked (A).
VI/21
Cap.110] NOTARIES
5. I intend to serve as an articled clerk under Mr.. ...........................,Aterney-at-Law of the Supreme Court.
. . . . . . . . . . . . .(zone) and . . . . . . . . . . .6. The zone and the language in which I propose to practise are.(language), respectively.
7. (a) I attach the originals of two testimonials of character and sui tabi l i ty given to me by.............................................................and . . . . . . . . . . . . . .of . . . . . . . . . . . . . . . marked (B)and (C).
.of
*(b) I have served as a Notary's clerk under the under-mentioned notary/notaries/during the period/periodsnoted against his/their names.
+ Under notary.................................. . . . . t o . . . . . .
of ......................................during the period from
*(c) I attach certificate/certificates from the notary/notaries referred to above in proof of my employment asclerk to a notary during the period/periods referred to above.
8. I request that I may be granted permission to sit for the competitive examination for the selection of articledclerks.
Signature of Applicant.
Postal address: ....................................
*Strike out inapplicable words.* Repeat as often as may be necessary.
[Regulation I,First Schedule-B.]
Form A2APPLICATION FOR PERMISSION TO SIT FOR THE NOTARIAL FINAL EXAMINATION AND FOR ADMISSION
AS A NOTARY PUBLICDate : . . . . . . . . . . . . . . . .
E§4, Law 24 of1973.]
[§4, Law 24 of1973.]
The Registrar-General,Colombo.
Sir,I hereby apply for permission to sit for the Notarial Final Examination and for eventual admission as a Notary.
2. My full name is: . . . . . . . . . . . . . . . . .
3. My place of residence is . . . . . . . . . . . . . . . . . . in the district of . . . . . . . . . . . . . . . . .
4. I intend to practise in the . . . . . . . . . . . . . . . . .zone.
5. I have attained the age of twenty years.
6. I served my articles under Mr. . . . . . . . . . . . . . . . . . Attorney-at-Law of the Supreme Court, and Mr . . . . . .. . . . . . . . . . . . . Notary Public, the date of entering into articles being . . . . . . . . . . . . . . . . . . and the date ofcompletion being . . . . . . . . . . . . . . . . . .
7. I propose to draw, authenticate or attest deeds in the . . . . . . . . . . . . . . . . .language.
8. The nature of the security I intend to offer is as follows :—
9.1 attach—
(a) the licence granted to me by the Registrar-General to be an articled clerk marked (A) ;
(b) proof that ihe notice referred to in regulation 2 was affixed in some conspicuous part of the High Courtholden in the zone marked (B) ;
(c) a copy of, or an extract from, the Gazette, and the local newspaper in which the notice referred to inregulation 2 was published marked (C) ;
(d) a certificate from the attorney-at-law and the notary (if any), to whom I had been apprenticed that I havedu ly served my term of articles and thai. in the opinion ot such attorney-at-law and notary, I am a fitand proper person to be appointed a notary marked (D) ; and
(e) my birth certificate or such other authentic evidence of age to prove I have attained the age of twenty yearsmarked (E).
Postal address: ........................................ Signature of Applicant.
VI/22
NOTARIES [Cap.110
Form BCERTIFICATE BY ATTORNEY-AT-LAW OR NOTARY
1, . . . . . . . . . . . . . . . . . . . . Attomey-at-Law of the Supreme Court of the Republic of Sri Lanka (or NotaryPublic, as the case may be), certify that the articled clerk named in the schedule hereto annexed has during thequarter ended . . . . . . . . . . . . . . . . . . . well and truly served me as clerk, and diligently discharged his duties assuch and pursued his studies for the notarial profession.
(Signature).......................................
Date
Schedule referred to
Name ofArticled
ClerkAddress
Date ofArticles
Zone inwhich Clerkintends to
practise
Language inwhich Clerk
intends topractise
[Regulation12 FirstSchedule -A.]
FormCDECLARATION TO BE MADE BEFORE JUDGE OF HIGH COURT
I, A. B., do sincerely promise and declare that I will iruly and fa i thfu l ly and to the best of my ability execute theoffice of a notary in pursuance of and in conformity with the authority given to me by warrant of the Ministerbearing date the . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . .
[Section 12(1).]
Form D
CERTIFICATE BY REGISTRAR, HIGH COURT [Section 27.]
1, A. B; Registrar of the High Court holden in the zone of . . . . . . . . . . . . . . . . . . . . . . . do hereby certify thatC. D., of . . . . . . . . . . . . . . . . . . . . . . . hath this day delivered and left with me the declaration in wri t ing signed byhim required by the Notaries Ordinance, and I further certify that the said C. D. is duly enrolled as a notary andauthorized to practise as such in the . . . . . . . . . . . . . . . . . . . . . .language in the judicial zone o f . . . . . . . . . . . . . .. . . . . . . . . within the district of . . . . . . . . . . . . . . . . . . . . . .
In witness whereof I have this . . . . . . . . . . . . . . . . . . . . . . day of...................................................... . . . . . . . . . . . . , s e t my hand on this stamped certificate.
,at......................
(Signed) A. B., Registrar.
FormE
FORM OF ATTESTATION
I, A. B: Notary Public, do hereby certify and attest that the foregoing instrument having been read over by (or,read and explained by me, the said notary, to) the said [Vahalafantrige Juanis Fernanda, who has signed this deedas Juanis (or wi th a mark, as the case may he), and who Is known to me (if the case be so), in the presence of(insert the names of the witnesses in full, with their residence'; or, if the narne uf u witness differs from thesignature, describe him as above by both lhai name and the name givfn in the signature), the subscribing wilnesseshereto, bulh of whom ;ire known to me (if the case he so}, the same was signed by the said Wahalatantrige JuanisFernando and also by the said witnesses in my presence and in the presence of one another, all being present at thesame time,on the . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . .
VI/23
[Section 31(21).]
Cap.110] NOTARIES
And 1 further certify and attest that in line . . . . . . . . . . . of page . . . . . . . . . . .the word or letter " . . . . . . . "was erased, and in line . . . . . . . . . . . of page . . . . . . . . . . . . . . . . the word or letter " . . . . . . . . . . . . " wasaltered to the word or letter " . . . . . . . . . " and in line . . . . . . . . .of page . . . . . . . . . . the word or letter " . . . . .. . . . . . " was inlerpolii tcd. before the foregoing instrument was read over as aforesaid by me, the said notary, tothe said IVahoiinaiurige Juani^ f-'i.'rnuniio. ;ind that on page . . . . . . . . . . . .the letter " . . . . . . . . . . . " was erasedin the signature of . . . . . . . . . . . . by him. and on page . . . . . . . . . . . . the figure " . . . . . . . . . . . . . . " on theserial number of the deed was altered by me to " . . . . . . . - . . . . " , and on page . . . . . . . . . . . the date " . . . . . . .. . . "on the stamp of the value of . . . . . . . . . . . . . and bearing vendor's number was altered by me to " . . . . . . . .. . . .", and that Rs. . . . . . . . - . , . , the consideration (or part consideration, or no consideration, as the case mayhe}, was paid in my presence, and that the original of this ins t rument bears . . . . . . . . . . . . .stamps of the value ofRs. . . . . . . . . . . . . . and the duplicate . . . . . . . . . . . .stamps of the value of Rs. . . . . . . . . . . .
Notary Public.
Seal ;Date of attestation
Form FREGISTER AND MONTHLY LIST OF DEEDS[Section 31
(24), (26) and(27)
1
No.
2
Date
3
Nature ofInstru-ment
4
Names of Parties
Grantor Grantee
5 6 7 8
[Section 3 1(27).]
Form GWEEKLY LIST
1Date and Placeof Execution
2No. of Deed
3Nature of Deed
4Names of Parties
VI/24
NOTARIES [Cap. 110
THIRD SCHEDULE
TABLE OF NOTARIES' FEES [Section 40.]
1.For drawing, engrossing, and attesting any deed of transfer of property, movable or immovable, andany mortgage or bond in common form, wherein the value or consideration is expressed, or any lease incommon form without special covenants, wherein the rent value or consideration is expressed :Where such value or consideration (or in the case of a lease the rent comprised during the whole term)—
Does not exceed Rs. 75Exceeds Rs. 75 and does not exceed Rs. 200
Do. 200 do. 350Do. 350 do. 500Do. 500 do. 750Do. 750 do. 1,000Do. 1,000 do. 1,500Do. 1,500 do. 2,000Do. 2,000 do. 3,000Do. 3,000 do. 4,000Do. 4,000 do. 5,000Do. 5,000 do. lo.OOO
Rs. c.
1 02 03 03 754 505 256 758 259 75
12 013 5015 0
Rs. 10,000 and upwards an additional 50 cents on every Rs. 1,000 of consideration :
Provided that where the term of lease exceeds five years, the fees payable on a lease in common formshall not exceed such as would be payable on a lease for five years.
Rs.c.2. For drawing,engrossing.and attesting any deed of transfer, mortgage, or lease,
or any bond, which is not in common form but contains various covenants,recitals, or conditions, or which includes the description of several parcels oflands, whether the consideration is therein expressed or not, and all agreements,deeds, powers of attorney, or other instruments, including last wills and othertestamentary dispositions : for every such document, per folio of 120 words . . 3 50
In cases where deed is sent to another notary for attestation, the above chargesto hold for drawing and engrossing.
3. For attesting, in duplicate, any deed or instrument, not drawn by the notaryhimself, a sum equal to half the cost of drawing the deed, provided that theminimum fee shall be Rs. 1.50, and the maximum Rs. 10.50.
4. For examining, at the request of any party, the title of any property to betransferred, demised, or mortgaged, if there is only one deed .. 2 50
If there are more deeds than one, then for each additional deed .. 1 0
5. For preparing abstract of the title at the request of any party, for each deedabstracted . . . . 1 0
6. For registering, at the request of any party, any deed in the office of theRegistrar of Lands, half of the charges allowed for drawing, engrossing, andattesting such deed :
Provided that the maximum charge shall not exceed . . .. 5 0
7. For noting each bill of exchange or promissory note, including the copying of itin the book of registry or protest book and presentment. . . . 1 25
For protesting ditto . . . . 7 50
For every duplicate protest . . . . 2 50
8. For every act of honour on acceptance of payment supra protest . . 5 0
For every duplicate of such protest .. .. 2 50
9. For copy of a bill paid in part, and of receipt .. .. 1 5010. For noting protest of ship or vessel, including the copying of it in the book of
registry or protest book .. . . 7 50
VI/25
Cap. 110] NOTARIES
11. For drawing, engrossing, attesting, and recording protest of ship or vessel, forevery folio of 120 words or less
12. For every notarial copy or extract of deeds where parties require same(excepting the attestation),—For every folio of 120 wordsFee for attesting same
13. For every duplicate deed engrossed, attested, and transmitted to the Registrarof Lands, half of the charges allowed for drawing, engrossing, and attestingsuch deed.
14. For preparing certificate of the Minister in charge of the subject of ForeignAffairs or other officer to any document intended to be sent abroad
Rs. c.
3 50
0 502 50
2 50
15. For attendance, either at the notary's office between the hours of 5 p.m. and 9a.m. or elsewhere, for any purpose, for every hour or part of an hour .. 2 50
16. For attendance at ihe registrar's office for the purpose of ascertaining theexistence of incumbrances on one land . . . . 2 50
17. For each additional land in the same deed .. .. 0 5018. For writing an application for that purpose . . . . 0 50
19. For attendance at any place other than the notary's house or office, a charge ofRe. 1 per mile going and 50 cents on return, or for any distance under a mile,shall be allowed as travelling expenses.
VI/26
