minimum requirements for applying to be a notary
Sandeep Bhardwaj
(Querist) 27 February 2012
This query is : Resolved
Dear Sir,
I would like to know the essential requirements and procedure of registration for a Notary.Earlier it was required 10 yrs. after registered with Bar council.for applying to be a Notary.Ps clarify.
Thanks & Regards
Sandeep Bhardwaj
Raj Kumar Makkad
(Expert) 27 February 2012
It shall be better for you to carefully read Notary Act. There are various other conditions which you shall again ask on site or shall discuss with others.
You can also download it from the official site of the Ministry of Law & Justice. The following amendment was made in rules during 2009.
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 sub-rule 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.
Sandeep Bhardwaj
(Querist) 28 February 2012
Thanks,
I have found relevant information from
law ministry site.
Sandeep Bhardwaj
Guest
(Expert) 29 February 2012
Earlier it was required 10 yrs.But right now i think it is 7 years .
No legal training is required to apply for notary . A job of the notary is to observe and verify the signatures on specific the legal documents.
