CHAPTER 12
NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Persons entitled to practise as notaries public and commissioners for oaths.

   4.   Enrolment and granting of certificates.

   5.   Suspension or removal from roll.

   6.   Penalty for unlawfully practising.

   7.   Bar on commissioners for oaths practising when interested.

   8.   Jurat to state when oath is taken.

   9.   Fees for certificates.

   10.   Certain public officers to have powers of a notary public and commissioner for oaths.

   11.   Foreign service officers to have powers of a notary public.

    12.   Minister may empower foreign diplomatic or consular officers to exercise powers of notaries.

   13.   High Court may make rules with the President's approval.

SCHEDULES

CHAPTER 12
THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT

An Act relating to Notaries Public and Commissioners for Oaths.

[27th January, 1928]

Ords. Nos.
5 of 1928
38 of 1955
[R.L. Cap. 12]
G.N. No. 22 of 1928
Acts Nos.
49 of 1964
1 of 1966
3 of 1971
13 of 1972
9 of 1996

1.   Short title

   This Act may be cited as the Notaries Public and Commissioners for Oaths Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "practise as a commissioner for oaths" means perform, mutatis mutandis, the functions and duties commonly performed by a commissioner for oaths in England;

   "practise as a notary public" means perform, mutatis mutandis, the functions and duties commonly performed by a notary public in England;

   "roll" means the roll of notaries public and commissioners for oaths kept by the Registrar of the High Court in accordance with the provisions of section 4.

3.   Persons entitled to practise as notaries public and commissioners for oaths

   (1) Any of the following persons shall, except as provided in subsection (2), be entitled to practise as a notary public and Commissioner for Oaths in Mainland Tanzania in accordance with the provisions of this Act and to levy fees in accordance with the First Schedule–

   (a)   an advocate; and

   (b)   a person entitled to practise as a notary public in England, Scotland, Northern Ireland or the Republic of Ireland.

   (2) The following persons shall not be entitled to practise as notaries public or commissioners for oaths–

   (a)   any advocate who is suspended from practice until the period of suspension ends;

   (b)   any person whose name is removed from the roll of advocates otherwise than at his own request, until his name is restored to the roll of advocates;

   (c)   any person whose name is removed from the roll of notaries public and commissioners for oaths or who is suspended from practice as a notary public or commissioners for oaths in any reciprocating commonwealth country for professional misconduct, until his name is restored to the roll.

   (3) In this section the expression "advocate" has the same meaning as in the Advocates Act *, and the expression "roll of advocates" means the roll of advocates kept by the Registrar of the High Court in accordance with the provisions of Part II of that Act.

4.   Enrolment and granting of certificates Ord. No. 38 of 1955 s. 4">

   (1) Any person mentioned in section 3 who is entitled to practise as a notary public and commissioner for oaths shall, on application to the Registrar of the High Court and payment to him of the prescribed fee, and upon signing a roll to be kept by the Registrar, be granted a certificate in the form in the Second Schedule, which certificate shall, subject to the provisions of section 5, entitle him to practise as a Notary Public and Commissioner for Oaths in Mainland Tanzania so long as it is in force.

   (2) Every certificate shall cease to be in force after the 31st December next following the date of issue, unless it is renewed.

   (3) Every certificate shall be renewed, by endorsement, upon the application of the holder and payment of the prescribed fee.

   (4) The granting of a certificate under this section and its renewal shall be recorded in the roll.

   (5) When a certificate granted under this section is lost, destroyed or mutilated it shall be replaced by a fresh certificate upon the application of the person entitled to it and payment of the prescribed fee.

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