17. Replacement of section 34 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 34 of the principal enactment is hereby repealed and the following section substituted therefor:-

34. (1) Every notary who acts in violation of or disregards or neglects to observe-

(a)

rules (1), (31) or (32) set out in section 31, shall be guilty of an offence, and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five thousand rupees, in addition to any civil liability he may incur thereby;

(b)

rules (2), (3),(6),(7),(11),(18),(21),(23), (24) or (30A) set out in section 31, shall be guilty of an offence, and shall, on conviction after summary trial before a

Magistrate, be liable to a fine not exceeding twenty thousand rupees, in addition to any civil liability he may incur thereby; or

(c)

any other rule set out in section 31, shall be guilty of an offence, and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding fifty thousand rupees, in addition to any civil liability he may incur thereby.

“Penalty for breaches of rules in section 31 (2) Where a notary acts in violation of or disregards or neglects to observe the provisions of rule (26) set out in section 31 the Registrar-General may, by a written notice served on him personally or sent by registered post, call upon such notary to comply with the requirements of the said rule within such further period of time as he may specify in such notice for such purpose. In the event of such notary failing to comply with the terms of such notice, the

Minister may, on application made in that behalf by the Registrar-General, suspend the notary from his office as notary.

(3)

A notary, whose licence is suspended shall not attest any deed or instrument, from the date of receipt of the notice of such suspension.

(4)

The Registrar-General shall, forthwith notify the Registrars of Land and the registrars of the High Courts, District Courts and the

Magistrates’ Courts, requiring such registrars to display a copy of the notice of such suspension in the relevant land registry or courts’ premises.

(5)

A notary who fails to submit the duplicates within the time specified in the notice of suspension, shall be guilty of an offence and shall on conviction after a summary trial before a Magistrate, be liable to a fine not exceeding five hundred thousand rupees and the Minister may, on application made in that behalf by the Registrar-General, cancel the licence of such notary.”.

Read on from s 18