qualification for naotary
Mrs. Varsha Deshpande
(Querist) 25 March 2010
This query is : Resolved
Hi, I want to be a notary ,therefore I require guidlines for it please give me
A V Vishal
(Expert) 25 March 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.)
adv. rajeev ( rajoo )
(Expert) 25 March 2010
He must be a member of the State Bar Council.
Must have 10 years of experience. for woman 7 years.
Parveen Kr. Aggarwal
(Expert) 25 March 2010
If you possess requisite qualification for appointment as a notary, you will have to make application in the following manner:
(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.
After you make the application preliminary action will be taken thereon:
6. Preliminary action on application
(1) The competent authority shall examine every application received by him and, if he is satisfied that the applicant does not possess the qualifications specified in rule 3, or that any previous application for the applicant for appointment as a notary was rejected within six months before the date of the application, shall reject it and inform the applicant accordingly.
(2) If the competent authority does not reject the application under sub-rule(1),-
(b) he may, if he thinks fit, ascertain from any Bar Council, Bar Association, Incorporated Law Society or other authority in the area where the applicant proposes to practise, the objections, if any, to the appointment of the applicant as notary, to be submitted within the time fixed for the purpose.
Thereupon the competent authority shall make its recommendation:
7. Recommendation of the competent authority
(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 either that the application may be allowed for the whole or any part of the area to which the application relates or that it may be rejected.
(2) The competent authority shall also make his recommendation in the report under sub-rule (1) regarding the persons by whom the whole or any part of the costs of the application including the cost of hearing, if any, shall be borne.
(3) In making his recommendation under sub-rule (1), the competent authority shall have due regard to the following matters, namely-
(a) whether the applicant ordinarily resides in the area in which he proposes to practise as a notary;
(b) whether, having regard to the commercial importance of the area in which the applicant proposes to practise and the number of existing notaries practising in the area, it is necessary to appoint any additional notaries for the area;
(c) whether, having regard to his knowledge and experience of commercial law and the nature of the objections, if any, raised in respect of his appointment as a notary, and in the case of a legal practitioner also to the extent of his practise, the applicant is fit to be appointed as a notary;
(d) where the applicant belongs to a firm of legal practitioners, whether, having regard to the number of existing notaries in that firm, it is proper and necessary to appoint any additional notary from that firm; and
(e) where applications from other applicants in respect of the area are pending, whether the applicant is more suitable than such other applicants.
Thereafter the appropriate government shall pass necessary orders
8. Appointment of a notary
(1) On receipt of the report of the competent authority, the appropriate government shall consider the report and shall-
(a) allow the application in respect of the whole of the area to which it relates; or
(b) allow the application in respect of any part of the area to which it relates; or
(c) reject the application; and shall also make such orders as the government thinks fit regarding the persons by whom the whole or any part of the costs of the application including the cost of hearing, if any, shall be borne.
(2) An applicant shall be informed of every order passed by the appropriate government under sub-rule(1).
(3) An applicant whose application has been rejected or allowed in respect of only a part of the area to which it relates or against whom an order as to costs has been made under sub-rule(1) may, within sixty days of the date of the order apply to the appropriate government for reviewing the order and that government may, after making such further inquiry as it thinks fit pass such order as it considers necessary.
(4) Where the application is allowed, the appropriate government shall appoint the applicant as a notary and direct his name to be entered in the Register of Notaries maintained by that government under section 4 of the Act and issue to him a certificate on payment of prescribed fees authorizing him to practise in the area to which the application relates or in such part thereof as the appropriate government may specify in the certificate, as a notary for a period of [[4]]five years from the date on which the certificate is issued to him.
[5](4A) The appropriate Government may on and after the ninth day of May, 2001, appoint notaries in a State or Union Territory, as the case may be, not exceeding the number of notaries specified in the Schedule:
Provided that the number of notaries whose certificate of practice has been renewed under sub-section (2) of section 5 of the Act shall be included in the total number of notaries appointed for the purpose of counting the total number of notaries specified in the Schedule.
Provided further that if in a State or Union territory the number of notaries appointed before the ninth day of May, 2001 exceeds the number of notaries specified in the Schedule, such notaries shall continue to be so appointed in that State or Union territory, as the case may be.;
(5) The Register of Notaries shall be in Form IIA and the certificate of practice shall be in Form IIB.
Kumar Thadhani
(Expert) 27 March 2010
ABOVE ALL THE REQUIREMENTS FULFILLED VERY WELL SAID EXPERT MR .VADARALI.
