Notary public

Querist : Anonymous (Querist) 30 June 2011 This query is : Resolved
Sir,tell me the process to apply for central govt notary,can he sit anywhere in india ? or will be sit in the same state whre he was registered,n where should be send the form after completion?if anyone knows about it plz mail me

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prabhakar singh (Expert) 30 June 2011
3. Power to appoint notaries.- The Central Government, for the whole or any part of India, and any State Government, for the whole or any part of the State, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed.

[13][FORM I
MEMORIAL
(Rule 4(2))

PHOTOGRAPH

1. Name of the applicant___ _____________________
2. Father's/Husband’s name___________ _____________________
3. Date of Birth ___________________________________________
4. Whether SC/ST/OBC/General ____________________________
5. Address(residence)______________________________________
__________________________________________________________
PIN____________________ Telephone___________Fax__________ E-mail
Address (office)_____________________________________________
__________________________________________________________
_______________________________ PIN ______________________
Telephone___________Fax______________E-mail_________________

6.Educational qualifications(Please attach photocopies )
______________________________________________________________
7. Enrolment (number & date)___________________________________(Please attach photocopies)
8. Practising in _______________________________________________
Civil side :_________________________________________________
Criminal side :______________________________________________
Taxation :__________________________________________________
Revenue courts :____________________________________________
9. Whether income tax assessee:
10.The memorial of (name of the applicant) (in block letters)
showeth______________________________________________
1. that the memorialist is a person eligible for appointment as a notary under the Notaries Act, 1952 and clause (a) of rule 3 of the Notaries Rules, 1956;
2. that the memorialist resides in____________________(here state the name of the local area or name of court where he intends to practise) and will reside for upwards of_________________________(state how long);
3. that the number of notaries practising in the local area is insufficient for the requirements thereof (the grounds of the statement should be added);
4. that no previous application of the memorialist has been rejected or withdrawn by him, within the preceding six months;
The memorialist, therefore, prays that the government be pleased to appoint and admit him as a notary under and by virtue of the Notaries Act, 1952 (53 of 1952) and clause (a) of rule 3 of the Notaries Rules, 1956 to practise in__________________________(here state the name of the local area).

Dated_____________day of________20____ Signature of the applicant

Name and address
of signatories

1.
2.
3.
4.
5.
Profession

Name and address of the firm/organisation

Signature with Seal

Note: Under rule 4(3) the memorial should be countersigned by a Magistrate, a manager of a Nationalised Bank, a merchant and two prominent inhabitants of the area where he intends to practise as a notary.

(FORM II)
(Rule 4(2))

PHOTOGRAPH
1.Name_______________________ __________
2.Father's/Husband’s name ____ ____________________
3.Date of birth _______ _____________________
4.Whether SC/ST/OBC/General______________________
5.Address(Residence)______________________________________________________________________
PIN___________________
Telephone__________________Fax_____________E-mail____________
Address(office)____________________________________________________________________________________ PIN ____________________________________
Telephone ________________ Fax _________________ E-mail _________
6. Educational qualifications________________________________
7. Date of joining government service _______________________
8. Date of retirement________________________________________
9. Post held at the time of retirement_______________________
10. Area where the memorialist intends to practice as Notary _________________________________________________________

Dated_____________ day of ____________ 20_____________

Signature of the applicant

Note: Necessary proofs about eligibility under rule 3(b) and (c) of the Notaries Rules, 1956 is to be attached. Rule 3(b) and (c) are as follows:-
"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) ______________________________________
(b) he had been a member of the Indian Legal Service under the Central Government, or
(c) he had at least for ten years;
i) been 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."
FORM IIA
REGISTER OF NOTARIES
(Rule 8(5))

Sl. No.

Full Name
and date
of birth of
notary
Residential
and professional
addresses
of notary

Date on which
the name of notary is entered
in the register
Qualifications
of notary
Area in
which notary
may practise
Remarks

FORM IIB
CERTIFICATE OF PRACTICE
(Rule 8(5))
GOVERNMENT OF ............
(Emblem)

Certified that....................son/daughter/wife...................of....... ........................resident of .........has been appointed as a notary under the Notaries Act, 1952 and is authorised to practice as such in and throughout......................for a period of five years............given under my hand and seal of the Government of ......................this...............day of.............
Secretary of the Government of India
Government of...................
(Name of the State)