Entry of names in the Register and issue or renewal of certificates of practice
Section 5 of the Notaries Act, 1952 deals with entry of names in the Register and issue or renewal of certificates of practice. Every notary who intends to practise as such [may] on payment to the Government appointing him of the prescribed fee, if any, be entitled— (a) to have his name entered in the Register maintained by that Government under section 4, and (b) to a certificate authorising him to practise for a period of The Act came into force on 14 Feb 1956.
(1) Every notary who intends to practise as such 1 [may] on payment to the Government appointing him of the prescribed fee, if any, be entitled—
(a) to have his name entered in the Register maintained by that Government under section 4, and
(b) to a certificate authorising him to practise for a period of 2 [five years] from the date on which which the certificate is issued to him.
3 [(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, fee, renew the certificates of practice of any notary for a period of five years at a time.]
Section 5, The Notaries Act, 1952 (Act 53 of 1952).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vaishali Abhay Joshi v. Union of India
Court's Decision & Legal Precedent
Bom HC DB, relying on Notaries Act s.5(2) renewal of certificate of practice, directed the Collector (Dadra & Nagar Haveli) to decide the pending renewal application with personal hearing within a fixed time, keeping merits open—affirming that renewal under s.5 cannot be left indefinitely undecided.
On this section: s.5 — Issue/renewal of certificates of practice; pending renewal must be decided
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Mamta Haridatt Mahadik v. Union of India
Court's Decision & Legal Precedent
Companion to Vaishali: Bom HC DB applied the same Notaries Act s.5 renewal directions to Mamta’s pending certificate-of-practice renewal, ordering the Collector to decide with hearing on the same terms.
On this section: s.5 — Renewal of notary certificate of practice; decision with hearing
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P. Bharani Kumar Naidu v. State of Andhra Pradesh (batch lead M. Mallareddy)
Court's Decision & Legal Precedent
DATE-VERIFIED Final Order 2016-12-02 (order-1.pdf) — get_case_brief markdownContent body '%Dated 02.12.2016'/'02.12.2016' matches index. After s.5(2) 'shall'→'may' amendment, renewal is discretionary not automatic, but discretion is not absolute: if renewal application is timely with fee and none of s.10 removal grounds apply, authorities must renew; quota memo grounded on struck-down Rule 8(4A) set aside; natural justice notice before refusal.
On this section: s.5(2) — post-amendment 'may' renewal discretion is judicial and ordinarily must grant renewal absent s.10 grounds; quota-based blanket refusal illegal.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 5
What have the courts held on Section 5 of the Notaries Act?
Vaishali Abhay Joshi v. Union of India (25 Mar 2025) is the leading judgment on this section among those set out below: s.5 — Issue/renewal of certificates of practice; pending renewal must be decided. Another 2 judgments on this section are set out below. They run from 2016 to 2025.
How do I find court cases under Section 5 of the Notaries Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Notaries Act 1952 5, section 5 Notaries Act 1952, section 5 of the Notaries Act. People searching for it also type notary act section 5. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Vaishali Abhay Joshi v. Union of India (25 Mar 2025).
What should I read with Section 5 of the Notaries Act, and has it changed?
Its own text turns on section 4 (Registers), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 4 instruments name it without being made under it, most recently Notification dated 10-05-2001 conferred by The Notaries Act, 1952 (2001), then Notification dated 20-12-1999 conferred by The Notaries Act, 1952 (1999).
When did Section 5 of the Notaries Act come into force?
Section 5 of the Notaries Act, cited as Notaries Act 1952 5, came into force on 14 Feb 1956, having been enacted on 09 Aug 1952. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.