Fake notary public, brokers galore

Associate Professor Shamim Ahmed of the National Institute of Kidney Disease and Urology missed his appointment with an Indian specialist doctor failing to get clearance from the Ministry of Foreign Affairs after submitting papers with declaration from the notary public last week.
The Law Ministry rejected his prayer for attestation after finding the notary public documents fake and asked him to submit proper documents for clearance.
Later, he directly went to the Law Ministry's solicitor wing and submitted papers again for attestation. Examining the documents, the Ministry gave attestation and cleared his way for visiting     India for medical purposes, said his elder brother Najmul Ahmed, also a physician.
While talking to the Daily Observer, Najmul claimed that they have made the papers earlier through a previously known person, who charged extra to make the documents. He made the fake papers and notary public declaration. As a result, the Ministry did not clear his papers.
Not only Shamim Ahmed, thousands of other people have to make notary public declarations now-a-days for different purposes. Most of the papers are being made by unauthorized persons, who claim them to be appointed 'notary public.'
At the same time, some of the clients are being charged extra. In some cases, some of the notary public have appointed brokers for bringing clients for extra profits. Taking the advantage, some people are also issuing such notary public declarations, despite having no legitimacy or licences.
Some unscrupulous people are also using the names and seals of some authorized notary public even after their death.
As a result, the general clients of such notary public are being cheated, even after paying extra charges for the services.
According to the rule, people, who intend to travel abroad for higher education, land registration, translated documents, buying cars, issuance of divorce letters, character certificates, certificates of academic qualifications, death certificates and birth certificates have to take notary public attestation on their documents.
The legal practitioners, who have licences under the Bar Council, can be appointed as a notary public for attesting important documents. The job of a notary public is considered as a distinguished profession.
But, due to those brokers and the 'fake notary public', the genuine notary professionals are not in a good position.
While visiting different places of Dhaka city recently, this correspondent found some people, who claimed themselves to be notary public, are sitting in the tea stalls, newspapers stalls, photocopy shops or sitting underneath signboards hung on the roadside. Mainly the brokers group or fake notary public have been attesting valuable deeds and documents by taking excessive fees in front of the National Press Club, Dainik Bangla and the Judge Court area in Dhaka.
The Law Ministry, the supervising authority of the notary public, has no control over them although it gives permission to act as notary public. Therefore, the unscrupulous persons are getting chance to engage in such irregularities.
According to Law Ministry sources, there are around 1,496 notary public appointed across the country. Of those, a total of 62 notary public were appointed in 2019.
As per rules of the 'Notary Public' Ordinance 1961 and Notaries Rules 1964, a lawyer with at least seven years of experience can be appointed as a notary public. Besides, those who have experiences of a minimum of five years in the judicial sector or involved in legislative drafting at governmental level, are also eligible to qualify as a notary public.
As per the law, a notary candidate is required to have a personal office or workplace. After receiving prayers for appointment, a team of the Law Ministry is supposed to verify his office. But, the Ministry issues certificates to the notary public without investigation.
After expiry of the licences, those will be renewed as per rules. But, if their licences are not renewed, they will not be eligible to act as a notary public.
The government has set fees for notary public related works on October 24 in 1989. Accordingly, the rates are Tk 10 for attestation and Tk 25 for stamped affidavit or contractual agreements.
The brokers or the fake notary publics have been taking Tk 150 to Tk 500 as notary fees at Dainik Bangla, National Press Club and Judge Court areas.
Some of the legal notary public also charge higher than the government fixed rates claiming that the fees were fixed three decades ago. Considering the present socio economic situation, the fees should be increased. The fees should be reconsidered.
Senior Assistant Secretary Anwarul Haque of the Law Ministry told this correspondent on Tuesday that they have also heard such allegations on issuance of fake notary public attestations by means of forgery. Innocent people are suffering for them without knowing the law and the rate of the notary fees.
"We are also in an embarrassing position due to the activities of the fake notary public. Authorities concerned should start drive against those, who are involved with such unethical practices," he added.
President of Bangladesh Notary Public Association Mohammad Azizul Islam told this correspondent that it is a prestigious profession. Many failed to protect their professional dignity.
"They used to work through the brokers to earn excessive fees. The Ministry should monitor the issue and resist the unethical practices," he added.