(Expert) 31 July 2008
Your name suggests that you are from Tamil Nadu, If correct the read the following: Who can be a notary?
On an application being made, any person who had been practising as an advocate for at least 10 years is eligible to be appointed a notary. A period of seven years of practice is required if the applicant belongs to Schedule Caste/Schedule Tribe or other backward classes. For woman applicants, too, the minimum years of practice as lawyer is seven.
The applicant, if not a legal practitioner, should be a member of the Indian Legal Service or have held an office under the Central or State Government, requiring special knowledge of law, after enrolment as an advocate or held an office in the department of Judge, Advocate-General or in the armed forces.
Persons seeking appointment as notary should submit an application in the form of a memorial, as prescribed in the rules, to the competent authority of the appropriate government.
The competent authority, after holding such inquiry as it thinks fit and after giving the applicant an opportunity to make representation against objections (if received), will make a report to the Central or State Government. The application may either be allowed for the whole or any part of the area to which the application relates, or it may be rejected.
Basis for appointment
The competent authority, while making the recommendation for appointment as notary, has to consider the following aspects:
Whether the applicant ordinarily resides in the area in which he proposes to practice as a notary;
Considering the commercial importance of the area in which the applicant proposes to practice, the authority should take into consideration the existing number of notaries in the area in question and whether additional notaries will be required;
Should consider the fitness of the applicant as to his knowledge and experience of commercial law and, in case of a legal practitioner, his extent of practice, and so on;
Whether the applicant belongs to a firm of legal practitioners and, having regard to the number of existing notaries in that firm, whether it is proper and necessary to appoint any additional notary from that firm;
Where applications from other applicants in respect of the area are pending, whether they are more suitable than the applicant in question. On receipt of the report from the competent authority, the Government shall consider the report and allow the application in respect of the whole or part of the area, or reject the same. If the application is allowed, the applicant becomes a notary and a certificate of practice will be issued to him and gazetted in the State or Central Gazette. His name will be entered in the Register of Notaries maintained by the Government
Certificate a must: The certificate will specify the period of practice. Previously it was three years and it is renewable on payment of requisite fee for renewal. Now the certificate is issued for five years. The fee for issue of first certificate of practice (first appointment as notary) is Rs 1,000 as per the amended rules and for renewal it is Rs 500.
A notary public in possession of certificate of practice in a particular area may apply for extension of his area of practice. An application should be made to the State/Central Government as the case may be. The Government, after considering the reasons set out in the application and other relevant factors, may pass an order extending the area of practice. The fees for extension of area of practice is Rs 750.
Every notary shall use a seal which should contain the name of the notary, the area of practice, registration number, name of the State, and, if the practice is all-India, the words `Government of India'.
No longer a notary
The Government can remove a notary's name from the Register under the following circumstances:
If the notary makes a request to that effect;
Has not paid the prescribed fee
(Expert) 31 July 2008
yes you can be a notary public as per your experience.
(Querist) 14 August 2008
Thank you my dear experts.
(Expert) 05 September 2008
Prescribed law says only 7 years of bar experience for applying for a notary