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syed rushaid hasan (trainee advocate)     16 June 2012

Attestation

can a registered advocate attest document as gazzeted officer ?



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 June 2012

No he is not gazetted officer.

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     16 June 2012

The advoate who is registered as notary public can attest you documents.

Ashok (Advocate)     18 June 2012

Prem sir is Correct

Hemang (Advocate)     18 June 2012

There is something like "Gazette", a publication issued by both the Central Government and the State Government in different States. The Gazette is issued in the name of the President of India, or the Governor of the respective State. There are certain catagories of Civil Servants introduced by the Government and that the obligations of those civil servants are "pre-determined" including their power, authority and jurisdiction. In our country, there are classes of civil servants. They are class I to Class IV Civil Servants, who serve in connection with the affairs of the State. 

 

Generally, the officers, who are assuming higher responsibilities of formulating the policies, or otherwise responsible in the administrative hierarchy are those officers, whose names and designations are "Gazetted" in the Government Gazette. These are all Gazetted officers, who have authority to attest the certificates or such other documents.

 

An advocate is an independent professional with no authority to attest the document as Gazetted officer. The reason is obvious and that he does not fall within the definition of "Civil Servant of the State or Union" and that the Government has never hired the services of the lawyers as such. And, therefore, he cannot act as a Gazetted officer and cannot attest the certificates or the documents.

 

However, the Notaries Act authorizes to attest the documents, who have been approved, appointed and recognized as notary under the Scheme of the Act. But again, although such notary public derive the authority under law to attest cannot be termed as "Gazetted officers". There is again a distinction between the Notary public and a gazetted officer. Such statutory authority is given to the Notary Public to disburden the public administration and to serve the public at large.

 

If any advocate is signing or attesting the document as if he is a Gazetted officer, or under some misconception of law, would be commiitting a breach of law and it would be more a case of criminal offence.

 

I think, I am clear on the issue. I still stand to any correction, if offered to correct.  

Ashok (Advocate)     19 June 2012

as you Said that   (An advocate is an independent professional with no authority to attest the document as Gazetted officer. The reason is obvious and that he does not fall within the definition of "Civil Servant of the State or Union" and that the Government has never hired the services of the lawyers as such. And, therefore, he cannot act as a Gazetted officer and cannot attest the certificates or the documents.)

Now Plz. let me Know are Doctors a gazzetted officer , do they come in the class 1 to Class 4, Doctors are Indepented too .   Till today I am in the View that The Doctors are Authorized to attestation. Plz. Clear.


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