Economic Times: New Delhi: Thursday,
May 05, 2016.
Central
Information Commission has recommended to the Law Ministry to amend law of
notaries and update notaries system leaving no scope for falsification of
records and frauds.
An
RTI applicant Nand Lal had sought details of attestation done by a notary among
other details. He alleged that his immovable property was fraudulently
transferred by an advocate and the concerned document was attested and
authenticated by Meena Sharma, Advocate-Notary appointed by Department of Legal
Affairs.
The
notary claimed before the CIC that the records sought by the applicants have
been "eaten by termites".
"...Meena
Sharma refused to give this information claiming it as third party information.
When Commission directed that it should be disclosed she raised the excuse that
records were lost due to termites. Appellant sought notarisation details of
documents dealing with some property transactions of that period to verify the
document; that if that proved false, he would suffer huge loss,"
Information Commissioner Sridhar Acharyulu noted.
He
said a notary who collects huge money through attestation cannot so negligently
leave registers as food to termites and Notaries and Regulatory should
understand that it amounts to irresponsibility towards records and inaction
after the negligence is detrimental to "governance".
"The
Department of Legal Affairs is the concerned authority in appointing,
regulating activities of notary, renewing and removing for misconduct.
Preservation of records is the primary responsibility of the notary and this
public authority, under Notary Act, Public Records Act and RTI Act," he
said.
Terming
the falsification of documents as "foremost problem" in legal
disputes, Acharyulu said department of Legal Affairs cannot be so callous about
it.
"This
grave situation demands immediate overhaul of record keeping mechanism by
public authority, more specifically its agents i.e. notaries so that they do
not leave the records to be a food for termites etc," he said.
Acharyulu
said the case shows dire need to reform and strengthen the Notary Public
activity in India to prevent fabrication of documents affecting the credibility
and legality of business transactions.
"In
this era of globalised transactions in commerce and property dealings, the
public authority is recommended to update the notaries system and amend the law
of notaries to address the issue of authentication of deeds leaving no scope
for falsification of records and frauds, in the lines of Model Notary Act of
the United States or International Conventions," he said.
Slapping
a maximum penalty of Rs 25,000 under RTI Act on Meena Sharma, the Commission
said, "General defence of 'Act Of God', which is available for civil
liability for causing loss, cannot apply in this case. Moreso, the Act of God
is a phenomenon which is attributed to an intervention of the forces of nature,
beyond control of human being."
"Destruction
of files by termites can never be claimed as an Act of God because of conscious
negligence on part of individuals who shall be liable," he said.
Acharyulu
said production of damaged register to the Commission strengthens the frivolous
plea of the notary that record is lost by termites and obvious proof of
negligence "res ipsa loquitor" (things speaks for itself) of the
notary and the Public Authority has a duty to initiate action.
"The
Public Authority (Law Ministry) also cannot ignore its duty to designate an
officer as Records Officer and protect the records," he said.
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