FAQs

What are the functions of the Law and Judiciary Department?
Ans: Law and Judiciary Department as the name denotes, function as Legal Advisory Department to Government and as an Administrative Department for Judiciary. This Department tenders legal advice mainly to administrative Department in the Mantralaya on the following subjects-
- Legal points arising under the Constitution of India, State and Central Acts, Rules, Regulations, service matters, etc.
- Legislation. (both Principal and Sub-ordinate,).
- Litigations (both Civil and Criminal).
- Conveyancing.
What are the powers and duties of Remembrancer of Legal Affairs (R.L.A.)?
Ans:
- The powers of R.L.A. – The Remembrancer of Legal Affairs who is also the ex-offico Secretary to the Government, is the head of the Law and Judiciary Department. He exercises the powers as set out hereinafter.
- Duties as an adviser to Government. – It is the duty of the R.L.A. to tender advice to the Government in any administrative department in the Mantralaya on any legal point arising under the Constitution of India, State and Central Acts and the Rules, Regulations, Orders and Notifications made thereunder, interpretation of statutes, service matter.
How the references are to be made to Principal Secretary and Remembrancer of Legal Affairs by and Administrative Departments in Mantralaya?
Ans:
- All the Heads of the Mantralaya Departments may make direct reference to the Principal Secretary and Remembrancer of Legal Affairs for advice or opinion only in respect of suits or other civil or criminal proceedings, which are actually pending in the Courts of Law and to which the State or its officers are parties or in which they are interested.
- The Collectors and the Heads of the departments shall submit references other than the above, to Government in the administrative department concerned, in the first instance, which shall decide whether the opinion of the Principal Secretary and Remembrancer of Legal Affairs should be sought or not.
- The Maharashtra Legislature Secretariat, in case of doubt /difficulty on any question of law, may initially refer the case to the concerned administrative department of the Mantralaya according to the subject matter of the case. The concerned administrative department after considering the case, if it feels necessary to do so, may refer the case to the Principal Secretary and R.L.A. for advice.
- If any matter referred to the Principal Secretary and R.LA. for advice or any legislative proposal referred to him for examination is to be or likely to be placed before the Cabinet, then the concerned department should clearly state so in the note under which that matter or proposal is referred to him.
How is legislative proposal to be referred ?
Ans: The Legislative proposal shall be referred to the Law and Judiciary Department by the concerned administrative Department. The Legislation Branch examines the feasibility of the legislation, competence of the State Legislative to enact the law and need of previous sanction of the President before introduction of the Bill and scrutinizes the draft Bill and Ordinance and subordinate legislation, rules notifications, orders etc., from its legal and technical point of view.
How litigation within Vidarbha Region above is to be carried out?
Ans: All civil and criminal litigation arising out of nine districts of the Nagpur and Amravati Divisions shall be dealt with initially by the Joint Secretary or the Deputy Secretary to Government, Law and Judiciary Department, at Nagpur. The Government Department or officers who are concerned with the Government litigation, civil and criminal, arising out of the district to which the jurisdiction of the High Court Bench at Nagpur extends, shall make reference directly to the Joint Secretary or the Deputy Secretary to Government, Law and Judiciary Department at Nagpur in the first instance.
How Litigation within Marathwada Region is to be carried out?
Ans: All civil and criminal litigation following within the jurisdiction of High Court Bench at Aurangabad shall be dealt with by the Joint Secretary or the Deputy Secretary to Government, Law and Judiciary Department, at Aurangabad. The Government Department or officers who are concerned with the Government litigation, civil and criminal, arising out of the districts to which the jurisdiction of the High Court Bench at Aurangabad extends, shall make references directly to the Joint Secretary or the Deputy Secretary to Government, Law and Judiciary Department at Aurangabad in the first instance.
What is the procedure followed for filing appeals or revision in civil or criminal matters?
Ans: If appeal is to be filed on behalf of the State .- (1) If the decision of the subordinate civil court or the High Court (Original Side) at Bombay, in any suit or any other civil proceeding, is either wholly or partially adverse to the State or its officers, the Government Pleader concerned shall at once obtain an additional uncertified copy of judgment and decree and shall submit his report regarding the feasibility of filing of appeal alongwith such copy of judgment and decree and certified copy thereof to the Collector or the Government officer concerned. He shall also at the same time send such report alongwith uncertified copy of judgment and decree to the Remembrancer of Legal Affairs or the Joint Secretary or the Deputy Secretary to Government, Law and Judiciary Department at Nagpur or Aurangabad, as the case may be. The report shall include the following particulars:-
- The date on which the application for certified copies of the judgment and decree has been made.
- The date on which such copies are likely to be delivered to him.
- The date of delivery of certified copies given by the court.
What are eligibility criteria for appointment of Notary?
Eligibility criteria for appointment of Notary as per rule 3 of the Notaries Rules, 1956 –
- 10 years practice for General Advocates.
- 7 years practice for the advocates belonging to Scheduled Casts, Schedule Tribes, Other Backward Classes and Female Advocates
What are the rates of fees to be paid to the Notary?
The fees payable to the Notary for doing notarial act is prescribed in rule 10 of the Notaries Rules, 1956 as amended on 24 March, 2014 are as under :-
- for noting an instrument—
  1. if the amount of the instrument does not — ₹ 35 exceed rupees 10,000
  2. if it exceeds rupees 10,000 but does not — ₹75 exceed rupees 25,000
  3. if it exceeds rupees 25,000 but does not — ₹110 exceed rupees 50,000
  4. if it exceeds 50,000 — ₹150
- for protesting an instrument:-
  1. if the amount of the instrument does not — ₹35 exceed rupees 10,000
  2. if it exceeds rupees 10,000 but does not — ₹75 exceed rupees 25,000
  3. if it exceeds rupees 25,000 but does not — ₹110 exceed rupees 1,00,000
  4. if it exceeds 1,00,000 — ₹150
- for recording a declaration of — ₹75 payment for honour
- duplicate protests — half the charge for original
- for verifying, authenticating, certifying or — ₹15 attesting the execution of any instrument
- for presenting any promissory note, hundi or — ₹35 bill of exchange or acceptance or payment or demanding better security
- for administering oath to, or taking — ₹15 affidavit from any person
- for preparing any instrument intended to — ₹150 take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate
- for attesting or authenticating any instrument — ₹150 to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate
- for translating and verifying the translation of — ₹75 any document from one language to another
- for noting and drawing up ship’s protest, — ₹150 boat protest or protest relating to demurrage and other commercial matters
- for certifying copies of documents as true — ₹5 per page per page copies of the original minimum ₹10
- for any other notarial act — such sum as
The rates of fees to be charged by a notary shall be displayed by him in conspicuous place inside as well as outside his chamber or office.

In addition to the above fees, a notary may charge the travelling allowance by road or by rail at the rate or rupees five per kilometre.

What is the procedure followed by the Government of Maharashtra for appointment of Notary?

The procedure adopted as per the policy is as under-
The State Government issues a Circular calling for the applications for certain Taluka. Copies of the Circular are forwarded to –

The District Court of the District in which the said Taluka falls.
The Judicial Magistrate First Class Court of the Taluka (if Court is not established then the same is forwarded to the Court to which that particular Taluka is attached).
The Secretary, District Bar Association of the respective District.
The Secretary, Taluka Bar Association of the respective Taluka.
The Collector of the respective District.
The Tahsildar of that respective Taluka.

A cut-off date is given for forwarding the application and no application is entertained after the cut-off date.
Requirement for application as per rule 4 of the Notaries Rules; 1956:-

1. 1. Form-I in prescribed format duly filled in with countersignatures of following persons.
    - a Magistrate;
    - a Nationalised Bank Manager of a ;
    - Merchant of the area;
    - Two prominent persons of the local area within which the applicant intends to practice as a notary.
  2. Educational Qualification proof.
  3. Copy of Sanad or proof of sanad.
  4. Certificate issued by Taluka Bar Association.
  5. Residential proof (Ration Card or Voters Identity card).
  6. Domicile Certificate.
  7. Caste Certificate alongwith Caste Validity Certificate if caste is claimed and practice is less than 10 year
  8. Copy of PAN Card, if any.

On receipt of the applications the same are scrutinised by the Scrutiny Committee which consists of-

Competent Authority
Joint Secretary of ‘E’ Branch.
Under Secretary (Law).

After scrutiny valid applicants are called for interview and are interviewed by the Interview Board which consists of-
1. P.S. & R.L.A.
2. Competent Authority
3. Joint Secretary (Law) / Deputy Secretary (Law) nominated by RLA
Where to file Complaint against Notary and on what basis?
The Complaint against Notary can be filed with the Competent Authority, Law and Judiciary Department (Notary), Madam Cama Road, Hutatma Rajguru Chowk, Mantralaya, Mumbai.

The complaint against Notary is entertained under rule 13 of the Notaries Rules, 1956. The Notary found indulged in professional misconduct shall come under the purview of rule 13 of the said rules.