Notary licence
Querist :
Anonymous
(Querist) 26 May 2010
This query is : Resolved
good evening elders, i want to know present rule or procedure to get notary licence
Pankaj Kundra
(Expert) 26 May 2010
i guess you need 10 years of practice before you can apply for the same. am not very sure pls check up
A V Vishal
(Expert) 26 May 2010
Qualifications for appointment as a notary
No person shall be eligible for appointment as a notary unless on the date of the application for such appointment-
(a) a person had been practicing at least for ten years, or
(aa) a person belonging to Scheduled Caste/Scheduled Tribes and other backward classes had been practicing at least for seven years, or
(ab) a woman who had been practicing at least for seven years, as a legal practitioner, or
(b) he had been a member of the Indian Legal Services under the
Central Government, or
(c) he had been at least for ten years,-
(i) a member of Judicial Service; or
(ii) held an office under the Central Government or a State
Government requiring special knowledge of law after enrolment as an
advocate; or
(iii) held an office in the department of Judge Advocate General or in the legal department of the armed forces.)
Application for appointment as a notary
(1) A person may make an application for appointment as a notary (hereinafter called "the applicant") in the form of a memorial addressed to such officer or authority (hereinafter referred to as the "competent authority") of the appropriate government as that government may, by notification in the Official Gazette, designate in this behalf.
(2) The memorial shall be drawn by a person referred to in clause (a) of rule 3 in accordance with Form I and by a person referred to in clauses (b) and (c) of the said rule in accordance with Form II.
(3) The memorial of a person referred to in clause (a) of rule 3 shall be signed by the applicant and shall be countersigned by the following persons,-
(a) a Magistrate,
(b) a manager of a nationalised bank;
(c) a merchant; and
(d) two prominent inhabitants of the local area within which the applicant intends to practise as a notary.
A V Vishal
(Expert) 26 May 2010
Basis for appointment
The competent authority, while making the recommendation for appointment as notary, has to consider the following aspects:
# Whether the applicant ordinarily resides in the area in which he proposes to practice as a notary;
# Considering the commercial importance of the area in which the applicant proposes to practice, the authority should take into consideration the existing number of notaries in the area in question and whether additional notaries will be required;
# Should consider the fitness of the applicant as to his knowledge and experience of commercial law and, in case of a legal practitioner, his extent of practice, and so on;
# Whether the applicant belongs to a firm of legal practitioners and, having regard to the number of existing notaries in that firm, whether it is proper and necessary to appoint any additional notary from that firm;
# Where applications from other applicants in respect of the area are pending, whether they are more suitable than the applicant in question. On receipt of the report from the competent authority, the Government shall consider the report and allow the application in respect of the whole or part of the area, or reject the same.
If the application is allowed, the applicant becomes a notary and a certificate of practice will be issued to him and gazetted in the State or Central Gazette. His name will be entered in the Register of Notaries maintained by the Government
Certificate a must: The certificate will specify the period of practice. Previously it was three years and it is renewable on payment of requisite fee for renewal. Now the certificate is issued for five years. The fee for issue of first certificate of practice (first appointment as notary) is Rs 1,000 as per the amended rules and for renewal it is Rs 500.
A notary public in possession of certificate of practice in a particular area may apply for extension of his area of practice. An application should be made to the State/Central Government as the case may be. The Government, after considering the reasons set out in the application and other relevant factors, may pass an order extending the area of practice. The fees for extension of area of practice is Rs 750.
Every notary shall use a seal which should contain the name of the notary, the area of practice, registration number, name of the State, and, if the practice is all-India, the words `Government of India'.
A V Vishal
(Expert) 26 May 2010
LAW DEPARTMENT
Notaries (Amendment) Rules, 2009.
[Letter No. 8366/Admn/2009 Law (Admn), 23rd March 2009.]
No.SRO A-7/2009.—
The following Notification of Government of India, Ministry of Law and Justice (Department of Legal Affairs), New Delhi,the 24th February, 2009 is republished:—
G.S.R.114(E).—In exercise of the powers conferred by Section 15 of the Notaries Act, 1952 (53 of 1952), the Central
Government hereby makes the following Rules further to amend the Notaries Rules, 1956, namely:—
1. (1) These Rules may be called the Notaries (Amendment) Rules, 2009.
(2) They shall come into force on the 1st day of March, 2009.
2. In Rule 4 of the Notaries Rules, 1956 (hereinafter referred to as the said rules), for sub-rule (1), the following subrule
shall be substituted, namely:—
“(1) a person may make an application for appointment as a notary (hereinafter called “ the applicant”), through the
concerned District Judge or the Presiding Officer of the Court or Tribunal where he practices as an Advocate, in the Form
of memorial addressed to such officer or authority (hereinafter referred to as the “competent authority”) of the appropriate
Government as that Government may, by notification in the Official Gazette, designate in this behalf.”;
3. In Rule 6 of the said Rules, for sub-rule (1), the following sub-rule shall be substituted, namely:—
“(1) the competent authority shall examine every application received by him and if he is satisfied that the application
is not complete in all respects or the applicant does not possess the qualifications specified in rule 3, or that any previous
application of the applicant for appointment as a notary was rejected within six months before the date of the application,
shall reject it summarily and inform the applicant accordingly.”;
4. In rule 7 of the said rules, for sub-rule (1), the following sub-rule shall be substituted, namely:—
“(1) the competent authority shall, after holding such inquiry as he thinks fit and after giving the applicant an
opportunity of making his representations against the objections, if any, received within the time fixed under sub-rule (2)
of Rule 6, make a report to the appropriate Government recommending that the applicant may be allowed to appear before
the Interview Board.”;
5. After Rule 7 of the said Rules, the following Rules shall be inserted, namely:—
“7A. Constitution of the Interview Board.—(1) If the appropriate Government allows that the applicant may be asked
to appear before the Interview Board, the competent authority shall inform the applicant to appear before the Interview Board,
on the date, time and place fixed, to judge the competency of the applicant for being appointed as a Notary. The
Interview Board shall submit its recommendations to the appropriate Government.
(2) For the said purpose, a three members Interview Board shall be constituted by the appropriate Government from
amongst its officers dealing with legal matters. The Chairperson of the Interview Board shall not be an officer below the
rank of Joint Secretary of that Government.
7B. Transitional provision.—(1) All the memorials received by the Competent Authority till 28th February, 2009 and
which are pending shall be processed/examined in accordance with the provisions of the Rules as amended by the Notaries
(Amendment) Rules, 2009.;
(2) The fresh memorials shall only be submitted on or after 1st July, 2009.”
Apr. 8, 2009] TAMIL NADU GOVERNMENT GAZETTE 21
6. In Rule 8 of the said Rules, in sub-rule (1), for the words, “On receipt of the report of the Competent Authority the
appropriate Government shall consider the report and shall—”, the words “On receipt of the recommendations of the
Interview Board the appropriate Government shall consider the recommendation and shall—.”
[F.No.5(271)/2000-NC]
R. RAGUPATHI,
Joint Secretary.
Note:—The principal Rules were published in the Gazette of India, Part-II, Section 3, Sub-section (i) vide number
S.R.O.324 dated the 14th February, 1956 and subsequently amended by G.S.R. 370 (E), dated the 8th July, 1997,
G.S.R.547(E), dated the 31st August, 1998, G.S.R. 17(E) dated the 5th January, 2000, G.S.R. 262(E), dated the 28th March,
2000, G.S.R. 630 (E) dated the 21st July, 2000, G.S.R.172(E) dated the 12th March, 2001, G.S.R.330(E) dated the 9th May,
2001, GSR 460(E) dated the 25th June, 2001, G.S.R.464(E) dated the 9th June, 2003, G.S.R. 296(E) dated the 19th May,
2006, G.S.R.501(E) dated the 24th August, 2006, G.S.R.73(E), dated the 9th February, 2007, G.S.R.86(E) dated the 14th
February, 2007, G.S.R.319(E) dated the 1st May, 2007 read with G.S.R.330 (E) dated the 8th May, 2007, G.S.R.686(E)
dated the 31st October, 2007, G.S.R.51(E) dated the 23rd January, 2008, G.S.R. 636 (E) dated the 3rd September, 2008 and G.S.R. 764 (E) dated the 3rd November, 2008.
