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Discussion > Constitutional Law > Others > NEW AMMENDMENT IN NOTARY ACT   Unanswered Threads Post New Topic

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sandeep


lawyer
[ Scorecard : 24]
Posted On 30 August 2009 at 22:42 Report Abuse

 ALLREADY NOTARY PUBLIC APPOINTED BY C GOVT AND MY TERM WAS EXPIRED ON 3RD MARCH 2009 AND I APPLIED FOR THE RENEWAL ON 20TH FEB 2009 .DO I HAVE TO APPEAR BEFORE THE BOARD AS PER THE NEW AMMENDMENT ?



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A V Vishal


Advocate
[ Scorecard : 19903]
Posted On 30 August 2009 at 23:26 Report Abuse

Yes, the new rules will be applicable to you. I have reproduced the notification for ur reference hereunder:

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.

 



Total thanks : 2 times


Moinul Haque Nizami


Advocate
[ Scorecard : 25]
Posted On 16 May 2010 at 18:39 Report Abuse

please provide me a application for renewal Notary Certificate



R b kanchan


Notary
[ Scorecard : 31]
Posted On 23 February 2011 at 01:17 Report Abuse

I have question regarding Notary Renewal:
Question: Is there any amendment made in 2009 in Notary Act regarding notary renewal? 
Question: What is the amount required for renewal of certification and when exactly we need to apply?


pushpalatha u.k.


Member
[ Scorecard : 27]
Posted On 02 July 2011 at 22:39 Report Abuse

I have been appointed as Notary in the month of July  2008 for five years term.  Should I apply for renewal of Certificate now? It is three years over. and let me know how I apply for extension of place of practice




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