Notary

DEAR CHETAN YOU CAN FIND USEFULL DETAILE PROCEDURE TO BECOME NOTARY IN THE FOLLOWING ATTACHED FILE:

1. In the case of Notary appointed by the State Government, the appropriate Authority will be the "Stamps and Registration" department of that State.



2. In the case of Notary appointed by the Central Government, it will be the Department of Legal Affairs, Ministry of Law and Justice.

In the case of Notary appointed by the State Government, the appropriate Authority will be the "Stamps and Registration" department of that State & in case of Notary appointed by the Central Government, it will be the Department of Legal Affairs, Ministry of Law and Justice.I do agree with My Ld. Friend.

Dear Chetan,

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;
  

   

  
  


• If he is an un-discharged insolvent;
  

   

  
  


• Has been found, upon enquiry, to be guilty of professional or other misconduct; and
  

   

  
  


• Does not get his certificate of practice renewed.
  

   

  
  
  

  
  

  Check out your notary

  
  
  
  
  

   

  
  

  No person shall practice as notary or do any notarial act under the official seal unless he holds a certificate of practice, issued to him in terms of the Act.

  
  

  If a person falsely claims to be a notary without being appointed so or does a notarial act, he shall be punishable with imprisonment for a term up to three months or both.

  
  

  The fees payable to notary are prescribed in the rules.

  
  

  The notary is burdened with certain obligations as well. He should maintain a notorial register in the prescribed form He should disclose the date of appointment and date of certificate on the title page of the register.

  
  

  He should permit the district judge or such officers to inspect his register.

  
  

  He should submit to the Government in the first week of January of every year, an annual return of the notorial acts done during the preceding year as per the rules prescribed. He should have an office within the area mentioned in the certificate and a board having his name and his designation as notary.

  
  

  Tapping the powers

  
  

   

  
  

  A NOTARY, by virtue of his office, can:

  
  

   

  
  


• Verify, authenticate, certify or attest the execution of any instrument;
  

   

  
  


• Present any promissory note, hundi or bill of exchange for acceptance/payment, or demand better security;
  

   

  
  


• Note/protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange, protest for better security, prepare acts of honour under the Negotiable Instruments Act or serve notice or such protest;
  

   

  
  


• Note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;
  

   

  
  


• Administer oath to, or take affidavit from, any person;
  

   

  
  


• Prepare bottomry and respondentia bonds, charted parties and other mercantile documents;
  

   

  
  


• Prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is intended to operate;
  

   

  
  


• Translate and verify the translation of any documents from one language into another;
  

   

  
  


• Act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority;
  

   

  
  


• Act as an arbitrator, mediator or conciliator if so required; and
  

   

  
  


• Any other act which may be described;

well said shree sir

good and useful information

@ Shree...

Thanks for such a informative reply.

I have aplied fro notary, NOC I have received from the Bar council & Ministry, but I have to submit one affidavit, for which I have to mention the notaries appointed by central government / State Government at patiala House court delhi. i have asked from many person but not getting exact figure.

pl. help me

Silly Questions asked by some learned friends, why cant they go through the NOTARIES Act

                                                                            From , K.V.Radhakrishnan

                                                                                        Advocate and Notary,

                                                                                         Payangadi,Kannur Dt

                                                                                         09447685869    mob