It refers to Rajasthan High Court on 25.09.2019 directing action against two Oath Commissioners having attested an affidavit while the applicant was out of the country. Such an illegal practice is quite common when usually Oath Commissioners and Notary Public fulfill formality of attesting documents without verifying the person or signature whose signatures are to be attested. Central government has done away with many outdated laws and practices having been continued in free India as British legacy even after seven long decades of independence.
Time has come to abolish the totally outdated and useless practice of having Oath-Commissioners and Notary Public who are mostly in malpractice of charging fees much in excess than rupees 20 and 30 respectively as fixed by the government. Many fake Oath Commissioners and Notary Public have also emerged who sign after putting rubber-stamp in name of Oath Commissioner and Notary Public without noting details in the register which is mandatory to be kept by them.
Concept of self-attestation has been introduced in many cases. Scope of this concept may be increased further for other documents. Power of attestation should be given to layers, chartered-accountants, medical-practitioners, officers of government and public-sector-undertakings and other such responsible categories of persons. Station-House-Officers (SHOs) of police-stations who presently do not have such powers, may be authorized and duty-bound to free-of-cost attest documents of those who do not have easy access to authorities mentioned above.
In the meanwhile, people may be educated through media-advertisements about list of Oath Commissioners and Notary Public mentioning prescribed fees for attestation making it compulsory to issue receipts for paid attesting fees. Overcharging of attesting fees or without proper entry in register or verification may be made non-bailable offence.
MADHU AGRAWAL