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As enacted

4. Insertion of new section 38A in the principal enactment

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

The following new section is hereby inserted immediately after section 38 of the principal enactment and shall have effect as section 38A:-

38A .

(1)

It shall be the duty of every notary-

(a)

to endeavour to ascertain the true legal nature of the transaction between the parties and execute the deed or instrument for the true transaction; and

“Notary to explain the true nature of the transaction

(b)

specifically, and expressly explain to the executants the true nature of every deed or instrument before any executant signs such deed or instrument.

(2)

He shall not directly or indirectly authenticate or attest any deed of transfer in respect of a transaction, which is in fact a mortgage, a conditional transfer, or any other similar instrument or deed.

(3)

Any notary who shall knowingly and willfully execute a deed or instrument in violation of subsection (1) or (2) above shall be guilty of an offence, and be liable to a fine not exceeding five hundred thousand rupees. ”.