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NOTARIES
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The Notaries Act, 1952, is an Act to regulate the
profession of notaries. A notary or a Notary Public is a public
officer whose function is to administer oaths, to attest and certify,
by his hand and official seal, certain classes of documents, in
order to give them credit and authenticity, to take acknowledgements
of deeds and other conveyances, and certify the same, and to perform
certain official acts, chiefly in commercial matters such as the
protesting of notes and bills, the noting of foreign drafts, and
marine protests in cases of loss or damage. The Notaries Act is
administered by the Central as well as State Governments.
Section 3 of the Notaries Act provides that the
Central Government for the whole or any part of India and State
Government, for the whole or any part of the State, may appoint
notaries and legal practitioners or other persons who possess such
qualifications as may be prescribed. The qualifications for appointment
as a notary as prescribed by Rule 3 of the Notaries Rules, 1956
reads as follows:
"No persons shall be eligible for appointment
as notary unless on the date of the application for such appointment-
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| (a) |
he had been practicing at least for ten years
as a legal practitioner; or |
| (b) |
he had been a member of the Indian Legal Service
under the Central Government; or |
| (c) |
he had been at least for tens years,- |
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(i) |
a member of Judicial Service; or |
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(ii) |
held an office under the Central Government or
a State government requiring special knowledge of law after
enrolment as an advocate; or |
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(iii) |
held an office in the department of Judge Advocate
General or in the legal department of the armed forces.". |
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| A notary under section 8 of the Act is authorized to do all or any
of the following acts by virtue of his office, namely,-- |
| (a) |
verify, authenticate, certify or attest the execution
of any instrument; |
| (b) |
present any promissory note, hundi or bill of
exchange for acceptance or payment or demand better security; |
| (c) |
note or protest the dishonour by non-acceptance
or non-payment of any promissory note, hundi or bill of exchange
or protest for better security or prepare acts of honour under
the Negotiable Instruments Act, 1881 (XXVI of 1881) or service
notice of such notice or protest; |
| (d) |
note and draw up ship's protest, boat's protest
or protest relating to demurrage and other commercial matters; |
| (e) |
administer oath to, or take affidavit from, any
person; |
| (f) |
prepare bottomry and respondentia bonds, Charter
Parties and other mercantile documents; |
| (g) |
prepare, attest or authenticate any instrument
intended to take effect in any country or place outside India
in such form and language as may conformsd to the law of the
place where such deed is entitled to operate; |
| (h) |
translate and verify the translation of, any document
from, one language into another; |
| (i) |
any other act, which may be prescribed.
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Application for appointment
As per Rule 4 of the Notaries Rules, 1956,
a person may make an application for appointment as a notary in
the form of a memorial addressed to such officer or authority (Competent
Authority) of the appropriate Government as that Government may
by notification in the Official Gazette designate in this behalf.
The memorial shall be drawn by a person referred to in clause (a)
of Rule 3 in accordance with Form I* and by a person referred to
in clauses (b) and (c) of the said Rule in accordance with Form
II. No form is prescribed for the renewal application. Renewal application
shall be submitted to the Law Secretary along with the Original
Certificate of Practice, Notification and the Chalan receipt. Court
fee stamp worth Rs.5/- has to be affixed in the renewal application.
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Fees for issue and renewal of Certificate of
Practice and Extension of Area
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Fees |
Head of Account |
| (a) |
Issue of Certificate of Practice |
Rs.1000/- |
0070-01-800-95 |
| (b) |
Extension of area of practice |
Rs.750/- |
0070-01-800-95 |
| (c) |
Renewal of Certificate of Practice |
Rs.500/- |
0070-01-800-95 |
| (d) |
Issue of duplicate Certificate |
Rs.300/- |
0070-01-800-95 |
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Competent Authority
Shri.K. Babu, Additional Secretary, Law Department
List of Notaries
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