Where to send Notary Application
Jegaraj
(Querist) 16 January 2009
This query is : Resolved
Respected All,
I am an advocate practicing in Salem, Tamilnadu and I have a 12 years standing in the bar and belong to Backward Class. I would like to become a notary public under central quota.
I kindly request your good self to please inform me as to whom should I send my application to and the exact designation and the exact postal of the said officer ?
any other relavant advice in this regard is also invited
thanks in advance
Jegaraj
sanjeev murthy desai
(Expert) 16 January 2009
Dear Jagaraj Sir,
You can go throught the Notary Rules 1956 as follows.
THE NOTARIES ACT, 1952 (53 OF 1952)
THE NOTARIES RULES, 1956
(SRO.324, dt.14.2.1956)
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, namely:
1. Short title
These rules may be called the Notaries Rules, 1956.
2. Definitions
In these rules, unless the context otherwise requires,-
(a) "appropriate government" means in relation to a notary appointed by the Central Government, the Central Government and in relation to a notary appointed by the state Government, the State Government.
(b) "Form" means a Form appended to these rules;
(c) "the Act" means the Notaries Act, 1952 (53 of 1952).
[1](d)“Schedule” means the Schedule appended to these rules.
[2][3. 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.)
4. 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.
5. (Omitted)
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),-
(a) [3](***)
(b) (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.
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
Jegaraj
(Querist) 17 January 2009
thanks for the copy of the bare act which i already have.
can anyone please guide me as to whom should I send my application to and
the exact designation and the exact postal address of the said officer ?
any other relavant advice in this regard is also invited
thanks in advance
Jegaraj
A. A. JOSE
(Expert) 17 January 2009
Dear Mr.Jegaraj,
You may address the application to the Secretary (Law & Justice), Legal Department, Government of India, New Delhi. I may add here that mere sending the application may not have much effect unless you have some influential political master who can get your work done. It is often heard that unless one is prepared to spend money or have connections at political or bureacratical levels, Notary applications are filed. Therefore, you may explore further. All the best.
Jegaraj
(Querist) 17 January 2009
Thanks Mr. Jose.
thank you very much for the address and the advice in this regard. i understand what you have mentioned and feel that it is absolutely right. i will first find out someone influential who can help me out in this regard and then send my application.
thanks again.
regards
Jegaraj
