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Section 349: Liability to disciplinary proceedings

The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012State Act of Goa · Act 23 of 2016

(1) A Special Notary is liable to disciplinary proceedings:–

(i) when he loses or destroys any books, registers or documents of his office or willfully allows them to be lost or destroyed;

(ii) when he refuses to perform his functions at the right time without just cause;

(iii) where his act is declared false and he is responsible for the falsification;

(iv) when he issues certified copy which is not as per the originals;

(v) when his act is declared void by a court on the ground of lack of jurisdiction of the Special Notary;

(vi) when his act is declared void by a court on the account of incapacity of the parties or their attorneys or representatives, and if he had knowledge of their incapacity at the time the act was performed;

(vii) when his act is declared void by a court for lack of competence of the witnesses and he had knowledge of such fact at the time the act was done;

(viii) when his act is declared void for non-compliance with formal requirement, on grounds other than the lack of competence of witnesses;

(ix) when his act is declared void on account of coercion, and if he had knowledge of the coercion at the time the act was performed or he was a party to the coercion;

(x) when his act is declared void on the ground that he has intentionally induced a party into a mistake.

(2) The Special Notary shall be liable to disciplinary proceedings for any act done in the discharge of his duties in cases not covered in sub-section (1), when the liability arises from a criminal proceeding.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section349
Marginal noteLiability to disciplinary proceedings
JurisdictionState of Goa
StatusIn force as published by the source

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